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WV Code § 48-9-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-501. Enforcement of Parenting Plans

§48-9-501. Enforcement of parenting plans.(a) If, upon a parental complaint, the court finds a parent intentionally and without good cause violated a provision of the court-ordered parenting plan, it shall enforce the remedy specified in the plan or, if no remedies are specified or they are clearly inadequate, it shall find the plan has been violated and order an appropriate remedy, which may include:(1) In the case of interference with the exercise of custodial responsibility for a child by the other parent, substitute time for that parent to make up for time missed with the child;(2) In the case of missed time by a parent, costs in recognition of lost opportunities by the other parent, in child care costs and other reasonable expenses in connection with the missed time;(3) A modification of the plan, if the requirements for a modification are met under section 9-209, section 9-401, 402 or 403 of this article, including an adjustment of the custodial responsibility of the parents or an allocation of exclusive custodial responsibility to one of them;(4) An order that the parent who violated the plan obtain appropriate counseling;(5) A civil penalty, in an amount of not more than $100 for a first offense, not more than $500 for a second offense, or not more than $1,000 for a third or subsequent offense, to be paid to the parent education fund as established under section 9-104;(6) Court costs, reasonable attorney's fees and any other reasonable expenses in enforcing the plan; and(7) Any other appropriate remedy.(b) Except as provided in a jointly submitted plan that has been ordered by the court, obligations established in a parenting plan are independent obligations, and it is not a defense to an action under this section by one parent that the other parent failed to meet obligations under a parenting plan or child support order.(c) An agreement between the parents to depart from the parenting plan can be a defense to a claim that the plan has been violated, even though the agreement was not made part of a court order, but only as to acts or omissions consistent with the agreement that occur before the agreement is disaffirmed by either parent.
WV Code § 48-9-602 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-602. Designation of Custody for the Purpose of Other State and Federal Statutes

Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside the majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under a parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time is deemed to be the custodian of the child for the purposes of such federal and state statutes.
WV Code § 48-9-603 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-603. Effect of Enactment; Operative Dates

(a) The enactment of this article, formerly enacted as article eleven of this chapter during the second extraordinary session of the 1999 Legislature, is prospective in operation unless otherwise expressly indicated.(b) The provisions of 48-9-202 of this code, insofar as they provide for parent education and mediation, became operative on January 1, 2000. Until that date, parent education and mediation with regard to custody issues were discretionary unless made mandatory under a particular program or pilot project by rule or direction of the Supreme Court of Appeals or a circuit court.(c) The provisions of this article that authorize the court, in the absence of an agreement of the parents, to order an allocation of custodial responsibility and an allocation of significant decision-making responsibility became operative on January 1, 2000, at which time the primary caretaker doctrine was replaced with a system that allocates custodial and decision-making responsibility to the parents in accordance with this article. Any order entered prior to January 1, 2000, based on the primary caretaker doctrine remains in full force and effect until modified by a court of competent jurisdiction.(d) The amendments to this chapter made during the 2021 session of the Legislature shall become applicable upon the effective date of those amendments. Any order entered prior to the effective date of those amendments remains in full force and effect until modified by a court of competent jurisdiction.
WV Code § 48-9-604 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-604. Parent Education and Mediation Fund

There is hereby created in the state Treasury a special revenue account, designated the "parent education and mediation fund." The moneys of the fund shall be expended by the administrator of the Supreme Court of Appeals for parent education and mediation programs.
WV Code § 48-10-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-101. Legislative Findings

The Legislature finds that circumstances arise where it is appropriate for circuit courts or family courts of this state to order that grandparents of minor children may exercise visitation with their grandchildren. The Legislature further finds that in such situations, as in all situations involving children, the best interests of the child or children are the paramount consideration.
WV Code § 48-10-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-102. Legislative Intent

It is the express intent of the Legislature that the provisions for grandparent visitation that are set forth in this article are exclusive.
WV Code § 48-10-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-201. Applicability of Definitions

§48-10-201. Applicability of definitions.For the purposes of this article the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this article. These definitions are applicable unless a different meaning clearly appears from the context.
WV Code § 48-10-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-202. Child Defined

Child means a person under the age of eighteen years who has not been married or otherwise emancipated.
WV Code § 48-10-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-203. Grandparent Defined

Grandparent means a biological grandparent, a person married or previously married to a biological grandparent, or a person who has previously been granted custody of the parent of a minor child with whom visitation is sought.
WV Code § 48-10-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-301. Persons Who May Apply for Grandparent Visitation; Venue

A grandparent of a child residing in this state may, by motion or petition, make application to the circuit court or family court of the county in which that child resides for an order granting visitation with his or her grandchild.
WV Code § 48-10-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-401. Motion for Grandparent Visitation When Action for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity Is Pending

(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.
WV Code § 48-10-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-402. Petition for Grandparent Visitation When Action for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity Is Not Pending

(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.
WV Code § 48-10-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-403. Appointment of Guardian Ad Litem for the Child

When a motion or petition is filed seeking grandparent visitation, the court, on its own motion or upon the motion of a party or grandparent, may appoint a guardian ad litem for the child to assist the court in determining the best interests of the child regarding grandparent visitation.
WV Code § 48-10-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-501. Necessary Findings for Grant of Reasonable Visitation to a Grandparent

The circuit court or family court shall grant reasonable visitation to a grandparent upon a finding that visitation would be in the best interests of the child and would not substantially interfere with the parent-child relationship.
WV Code § 48-10-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-502. Factors to Be Considered in Making a Determination as to a Grant of Visitation to a Grandparent

In making a determination on a motion or petition the court shall consider the following factors:(1) The age of the child;(2) The relationship between the child and the grandparent;(3) The relationship between each of the child's parents or the person with whom the child is residing and the grandparent;(4) The time which has elapsed since the child last had contact with the grandparent;(5) The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;(6) If the parents are divorced or separated, the custody and visitation arrangement which exists between the parents with regard to the child;(7) The time available to the child and his or her parents, giving consideration to such matters as each parent's employment schedule, the child's schedule for home, school and community activities, and the child's and parents' holiday and vacation schedule;(8) The good faith of the grandparent in filing the motion or petition; (9) Any history of physical, emotional or sexual abuse or neglect being performed, procured, assisted or condoned by the grandparent;(10) Whether the child has, in the past, resided with the grandparent for a significant period or periods of time, with or without the child's parent or parents;(11) Whether the grandparent has, in the past, been a significant caretaker for the child, regardless of whether the child resided inside or outside of the grandparent's residence;(12) The preference of the parents with regard to the requested visitation; and(13) Any other factor relevant to the best interests of the child.
WV Code § 48-10-601 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-601. Interview of Child in Chambers

§48-10-601. Interview of child in chambers.In considering the factors listed in section 10-502 for purposes of determining whether to grant visitation, establishing a specific visitation schedule, and resolving any issues related to the making of any determination with respect to visitation or the establishment of any specific visitation schedule, the court, in its discretion, may interview in chambers any or all involved children regarding their wishes and concerns. No person shall be present other than the court, the child, the child's attorney or guardian ad litem, if any, and any necessary court personnel.
WV Code § 48-10-602 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-602. Prohibitions on Use of Child's Written or Recorded Statement or Affidavit; Child Not to Be Called as a Witness

(a) No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the wishes and concerns of the child regarding grandparent visitation matters, and the court, in considering the factors listed in section 10-502 of this article for purposes of determining whether to grant any visitation, establishing a visitation schedule, or resolving any issues related to the making of any determination with respect to visitation or the establishment of any specific visitation schedule, shall not accept or consider such a written or recorded statement or affidavit.(b) A child shall not be called as a witness in any proceeding to determine whether grandparent visitation should be awarded.
WV Code § 48-10-701 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-701. Proof Required When Action Is Pending for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity

OF GRANDPARENT VISITATION.§48-10-701. Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity.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.
WV Code § 48-10-702 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-702. Proof Required When Action Is Not Pending for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity

(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.
WV Code § 48-10-801 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-801. Order Granting or Refusing Grandparent Visitation Must State Findings of Fact and Conclusions of Law

GRANDPARENT VISITATION.§48-10-801. Order granting or refusing grandparent visitation must state findings of fact and conclusions of law.An order granting or refusing the grandparent's motion or petition for visitation must state in writing the court's findings of fact and conclusions of law.
WV Code § 48-10-802 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-802. Grandparent Visitation Orders

In the courts discretion, an order granting visitation privileges to a grandparent may provide for daytime visits, overnight visits and electronic communications. For the purposes of this section, the term "electronic communications" includes, but is not limited to, communications by telephone, email, Skype, Facetime, text messaging and instant messaging.
WV Code § 48-10-803 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-803. Supervised Visitation; Conditions on Visitation

In the courts discretion, an order granting visitation privileges to a grandparent may require supervised visitation or may place such conditions on visitation that it finds are in the best interests of the child, including, but not limited to, the following:(1) That the grandparent not attempt to influence any religious beliefs or practices of the children in a manner contrary to the preferences of the childs parents;(2) That the grandparent not engage in, permit or encourage activities, or expose the grandchild to conditions or circumstances that are contrary to the preferences of the childs parents; or(3) That the grandparent not otherwise act in a manner to contradict or interfere with child-rearing decisions made by the childs parents.
WV Code § 48-10-901 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-901. Effect of Remarriage of the Custodial Parent

The remarriage of the custodial parent of a child does not affect the authority of a circuit court or family court to grant reasonable visitation to any grandparent.
WV Code § 48-10-902 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-902. Effect of Adoption of the Child

If a child who is subject to a grandparent visitation order under this article is later adopted, the order for grandparent visitation is automatically vacated when the order for adoption is entered, unless the adopting parent is a stepparent, grandparent or other relative of the child.
WV Code § 48-10-1001 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-1001. Continuing Jurisdiction of Circuit Court or Family Court

Any circuit court or family court that grants visitation rights to a grandparent shall retain jurisdiction throughout the minority of the minor child with whom visitation is granted to modify or terminate such rights as dictated by the best interests of the minor child.
WV Code § 48-10-1002 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-1002. Termination of Grandparent Visitation

A circuit court or family court shall, based upon a petition brought by an interested person, terminate any grant of the right of grandparent visitation upon presentation of a preponderance of the evidence that a grandparent granted visitation has materially violated the terms and conditions of the order of visitation.
WV Code § 48-10-1101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-1101. Attorney's Fees; Reasonable Costs

In an action brought under the provisions of this article, a circuit court or family court may order payment of reasonable attorney's fees and costs based upon the equities of the positions asserted by the parties to pay such fees and costs.
WV Code § 48-10-1201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 10. Grandparent Visitation|§48-10-1201. Misdemeanor Offense for Allowing Contact Between Child and Person Who Has Been Precluded Visitation Rights; Penalties

§48-10-1201. Misdemeanor offense for allowing contact between child and person who has been precluded visitation rights; penalties.Any grandparent who knowingly allows contact between a minor grandchild and a parent or other person who has been precluded visitation rights with the child by court order is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail not more than thirty days or fined not less than $100 nor more than $1,000.
WV Code § 48-11-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 11. Support of Children|§48-11-101. General Provisions Relating to Child Support

(a) It is one of the purposes of the Legislature in enacting this chapter to improve and facilitate support enforcement efforts in this state, with the primary goal being to establish and enforce reasonable child support orders and thereby improve opportunities for children. It is the intent of the Legislature that to the extent practicable, the laws of this state should encourage and require a child's parents to meet the obligation of providing that child with adequate food, shelter, clothing, education, and health and child care.(b) When the domestic relations action involves a minor child or children, the court shall require either party to pay child support in the form of periodic installments for the maintenance of the minor children of the parties in accordance with support guidelines promulgated pursuant to article 13-101, et seq., of this chapter. Payments of child support are to be ordinarily made from a party's income, but in cases when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate.