West Virginia Code § 48-10-401

Motion for grandparent visitation when action for divorce, custody,
Open in Lexace · Ask the AI about this section
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 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.
(c) Motions or petitions for grandparent visitation shall be filed and heard in the family court
except when an abuse or neglect proceeding involving the child or children is pending
before the circuit court, in which case the motion or petition shall be filed and heard in the
circuit court.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.