Senate Bill No. 263
(By Senators Love, Anderson, Dugan, Ross,
Fanning, Deem, Prezioso, Dittmar, Minear, Ball, Boley, Hunter,
Scott, Wiedebusch and Sharpe)
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[Introduced March 7, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section one, article two-b, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring that
biological grandparents have the first right of adoption
under certain circumstances; and providing that circuit
courts make every effort to insure that children are kept
with their biological families.
Be it enacted by the Legislature of West Virginia:
That section one, article two-b, chapter forty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2B. GRANDPARENT VISITATION.
§48-2B-1. Legislative findings; intent; definitions.
(a) The Legislature finds that circumstances may arise where it is appropriate for circuit courts of this state to have
jurisdiction to grant to the grandparents of minor children a
right of visitation to enhance the best interests of the minor
child or children as well as the grandparent. The Legislature
further finds that in
such these situations, as in all situations
involving children, the best interests of children must be the
paramount consideration. It is the express intent of the
Legislature that the provisions for grandparent visitation set
forth in this article shall be exclusive and under all
circumstances the interests of the child or children involved
shall be the court's first and paramount consideration.
(b) For purposes of this article, "grandparent" means a
biological grandparent, a person married or previously married to
a biological grandparent, or a person who has previously been
granted custody of the parent of a minor child with whom
visitation is sought by a court of competent jurisdiction.
(c) A biological grandparent has the first right of adoption
if he or she has the financial capacity to provide a safe, secure
and comfortable home for the grandchild or grandchildren.
Circuit courts of this state shall make every effort to insure
that these children are kept with their biological families, if
possible, and if consistent with the best interests of the child
or children affected.
NOTE: The purpose of this bill is to require that
biological grandparents have the first right of adoption, if
financially capable of providing a safe, secure and comfortable
home. The bill also requires that circuit courts make every
effort to keep children with their biological families.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.