(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.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 10. Grandparent Visitation
§48-10-101. Legislative Findings
§48-10-102. Legislative Intent
§48-10-201. Applicability of Definitions
§48-10-203. Grandparent Defined
§48-10-301. Persons Who May Apply for Grandparent Visitation; Venue
§48-10-403. Appointment of Guardian Ad Litem for the Child
§48-10-501. Necessary Findings for Grant of Reasonable Visitation to a Grandparent
§48-10-601. Interview of Child in Chambers
§48-10-802. Grandparent Visitation Orders
§48-10-803. Supervised Visitation; Conditions on Visitation
§48-10-901. Effect of Remarriage of the Custodial Parent
§48-10-902. Effect of Adoption of the Child
§48-10-1001. Continuing Jurisdiction of Circuit Court or Family Court
§48-10-1002. Termination of Grandparent Visitation