West Virginia § 48-10-401 Motion for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is pending

West Virginia Statutes

§ 48-10-401 — Motion for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is pending

West Virginia § 48-10-401

Ch. 48DOMESTIC RELATIONS

Art. 10GRANDPARENT VISITATION

This text of West Virginia § 48-10-401 (Motion for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is 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 § 48-10-401 (2026).

Text

(a)The provisions of this section apply to any pending actions for divorce, custody, legal separation, annulment or establishment of paternity.

(b)After the commencement of the action, a grandparent seeking visitation with his or her grandchild may, by motion, apply to the family court for an order granting visitation. A grandparent moving for an order of visitation will not be afforded party status, but may be called as a witness by the court, and will be subject to cross-examination by the parties.

(c)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 cour

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(a) The provisions of this section apply to any pending actions for divorce, custody, legal separation, annulment or establishment of paternity.

(b) After the commencement of the action, a grandparent seeking visitation with his or her grandchild may, by motion, apply to the family court for an order granting visitation. A grandparent moving for an order of visitation will not be afforded party status, but may be called as a witness by the court, and will be subject to cross-examination by the parties.

(c) 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.