West Virginia § 48-10-701 Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity

West Virginia Statutes

§ 48-10-701 — Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity

West Virginia § 48-10-701

Ch. 48DOMESTIC RELATIONS

Art. 10GRANDPARENT VISITATION

This text of West Virginia § 48-10-701 (Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity) 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 § 48-10-701 (2026).

Text

If a motion for grandparent visitation is filed in a pending action for divorce, custody, legal separation, annulment or establishment of paternity pursuant to section 21-401, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child and that:

(1)The party to the divorce through which the grandparent is related to the minor child has failed to answer or otherwise appear and defend the cause of action; or

(2)The whereabouts of the party through which the grandparent is related to the minor child are unknown to the party bringing the action and to the grandparent who filed the motion for visitation.

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If a motion for grandparent visitation is filed in a pending action for divorce, custody, legal separation, annulment or establishment of paternity pursuant to section 21-401, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child and that:

(1) The party to the divorce through which the grandparent is related to the minor child has failed to answer or otherwise appear and defend the cause of action; or

(2) The whereabouts of the party through which the grandparent is related to the minor child are unknown to the party bringing the action and to the grandparent who filed the motion for visitation.