ENROLLED
H. B. 4472
(By Delegates Kominar, Varner and Craig)
[Passed March 8, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §48-10-101, §48-10-301, §48-10-401,
§48-10-501, §48-10-901, §48-10-1001, §48-10-1002 and
§48-10-1101
of the Code of West Virginia, 1931, as amended,
all relating to including family court jurisdiction in all
proceedings concerning grandparent visitation.
Be it enacted by the Legislature of West Virginia:
That §48-10-101, §48-10-301, §48-10-401, §48-10-501,
§48-10-901, §48-10-1001, §48-10-1002 and §48-10-1101
of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 10. GRANDPARENT VISITATION.
§48-10-101. Legislative findings.
The Legislature finds that circumstances arise where it is
appropriate for circuit courts or family courts of this state to
order that grandparents of minor children may exercise visitation with their grandchildren. The Legislature further finds that in
such situations, as in all situations involving children, the best
interests of the child or children are the paramount consideration.
§48-10-301. Persons who may apply for grandparent visitation;
venue.
A grandparent of a child residing in this state may, by motion
or petition, make application to the circuit court or family court
of the county in which that child resides for an order granting
visitation with his or her grandchild.
§48-10-401. Motion for grandparent visitation when action for
divorce, custody, legal separation, annulment or
establishment of paternity is pending
.
(a) The provisions of this section apply to any pending
actions for divorce, custody, legal separation, annulment or
establishment of paternity.
(b) After the commencement of the action, a grandparent
seeking visitation with his or her grandchild may, by motion, apply
to the circuit court or family court for an order granting
visitation. A grandparent moving for an order of visitation will
not be afforded party status, but may be called as a witness by the
court, and will be subject to cross-examination by the parties.
§48-10-501. Necessary findings for grant of reasonable visitation
to a grandparent.
The circuit court or family court shall grant reasonable visitation to a grandparent upon a finding that visitation would be
in the best interests of the child and would not substantially
interfere with the parent-child relationship.
§48-10-901. Effect of remarriage of the custodial parent.
The remarriage of the custodial parent of a child does not
affect the authority of a circuit court or family court to grant
reasonable visitation to any grandparent.
§48-10-1001. Continuing jurisdiction of circuit court or family
court.
Any circuit court or family court that grants visitation
rights to a grandparent shall retain jurisdiction throughout the
minority of the minor child with whom visitation is granted to
modify or terminate such rights as dictated by the best interests
of the minor child.
§48-10-1002. Termination of grandparent visitation.
A circuit court or family court shall, based upon a petition
brought by an interested person, terminate any grant of the right
of grandparent visitation upon presentation of a preponderance of
the evidence that a grandparent granted visitation has materially
violated the terms and conditions of the order of visitation.
§48-10-1101. Attorney's fees; reasonable costs.
In an action brought under the provisions of this article, a
circuit court or family court may order payment of reasonable
attorney's fees and costs based upon the equities of the positions asserted by the parties to pay such fees and costs.
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