West Virginia Code § 48-10-402

Petition for grandparent visitation when action for divorce, custody,
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legal separation, annulment or establishment of paternity is not pending.
(a) The provisions of this section apply when no proceeding for divorce, custody, legal
separation, annulment or establishment of paternity is pending.
(b) A grandparent may petition the family court for an order granting visitation with his or
her grandchild, regardless of whether the parents of the child are married. If the
grandparent filed a motion for visitation in a previous proceeding for divorce, custody, legal
separation, annulment or establishment of paternity, and a decree or final order has issued
in that earlier action, the grandparent may petition for visitationu if the circumstances have
materially changed since the entry of the earlier order or decree.
(c) When a petition under this section is filed, the matter shall be styled "In re grandparent
visitation of [petitioner's(s') name(s)]".
(d) Motions or petitions for grandparent visitation slhall be filed and heard in the family court
except when an abuse or neglect proceeding isnvolving 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. i

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