West Virginia § 48-10-702 Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity

West Virginia Statutes

§ 48-10-702 — Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity

West Virginia § 48-10-702

Ch. 48DOMESTIC RELATIONS

Art. 10GRANDPARENT VISITATION

This text of West Virginia § 48-10-702 (Proof required when action is not 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 § 48-10-702 (2026).

Text

(a)If a petition is filed pursuant to section 10-402 when the parent through whom the grandparent is related to the grandchild does not:

(1)Have custody of the child;

(2)share custody of the child; or (3) exercise visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child.

(b)If a petition is filed pursuant to section 10-402, there is a presumption that visitation privileges need not be extended to the grandparent if the parent through whom the grandparent is related to the grandchild has custody of the child, shares custody of the child, or exercises visitation privileges with th

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(a) If a petition is filed pursuant to section 10-402 when the parent through whom the grandparent is related to the grandchild does not: (1) Have custody of the child; (2) share custody of the child; or (3) exercise visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child.

(b) If a petition is filed pursuant to section 10-402, there is a presumption that visitation privileges need not be extended to the grandparent if the parent through whom the grandparent is related to the grandchild has custody of the child, shares custody of the child, or exercises visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose. This presumption may be rebutted by clear and convincing evidence that an award of grandparent visitation is in the best interest of the child.