West Virginia Grandparent’s Rights

Grandparent Rights to Visitation: Grandparents may get visitation when a court orders divorce or separate maintenance and the grandparent’s child fails to appear and defend the action or when the whereabouts of that parent are unknown to both the other parent and the grandparent seeking visitation. After a decree of divorce ’ annulment or separate maintenance has been entered, grandparent may petition for visitation when that grandparent’s child is the noncustodial parent and that parent has refused, failed, or has been unable to have visitation for a period of six months or more or has been precluded from visitation by a court order or is in the Armed Services and stationed more than one hundred miles from the state border and the grandparent had been refused visitation with the child by the custodial parent for a period of six months or more. A grandparent whose child is deceased may also petition for visitation. Grandparent visitation is also permitted when the child has resided with the grandparent and the parents have resided elsewhere without significant interruption for a period of six consecutive months or more within the previous two year period, the child was removed from the home of the grandparent by the parent, and the removing parent has refused to allow the grandparent visitation. In all cases, the visitation must be found to be in the child’s best interest. Chapter 48, Article 2B, Section 48-2B-1 (W.V.C. 482B-1 et seq.).

When Adoption Occurs: Adoption terminates all rights.

Child Custody Statutes: No statutory factors. Presumption in favor of primary caretaker. W.V.C. 48-2-15

Parents May Choose: Yes

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