West Virginia § 48-10-402 Petition for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is not pending

West Virginia Statutes

§ 48-10-402 — Petition for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is not pending

West Virginia § 48-10-402

Ch. 48DOMESTIC RELATIONS

Art. 10GRANDPARENT VISITATION

This text of West Virginia § 48-10-402 (Petition for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is not pending) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-10-402 (2026).

Text

(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 visitation 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

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(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 visitation 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 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.