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2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-103. Parties to an Action Under This Article

(a) Persons who have a right to be notified of and participate as a party in an action filed by another are:
(1) A legal parent of the child, as defined in section 1-232 of this chapter;
(2) An adult allocated custodial responsibility or decision-making responsibility under a parenting plan regarding the child that is then in effect; or
(3) Persons who were parties to a prior order establishing custody and visitation, or who, under a parenting plan, were allocated custodial responsibility or decision-making responsibility.
(b) In exceptional cases the court may, in its discretion, grant permission to intervene to other persons or public agencies whose participation in the proceedings under this article it determines is likely to serve the child's best interests. The court may place limitations on participation by the intervening party as the court determines to be appropriate. Such persons or public agencies do not have standing to initiate an action under this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-104. Parent Education Classes

AND PARENT EDUCATION CLASSES.
§48-9-104. Parent education classes.
(a) The family court shall, by order, and with the approval of the Supreme Court of Appeals, designate an organization or agency to establish and operate education programs designed for parents who have filed an action for divorce, paternity, support, separate maintenance or other custody proceeding and who have minor children. The education programs shall be designed to instruct and educate parents about the effects of divorce and custody disputes on their children and to teach parents ways to help their children and minimize their trauma.
(b) The family court shall issue an order requiring parties to an action for divorce involving a minor child or children to attend parent education classes established pursuant to subsection (a) of this section unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. The court may, by order, establish sanctions for failure to attend. The court may also order parties to an action involving paternity, separate maintenance or modification of a divorce decree to attend such classes.
(c) The family court may require that each person attending a parent education class pay a fee, not to exceed $25, to the clerk of the circuit court to defray the cost of materials and of hiring teachers: Provided, That where it is determined that a party is indigent and unable to pay for such classes, the court shall waive the payment of the fee for such party. The clerk of the circuit court shall, on or before the tenth day of each month, transmit all fees collected under this subsection to the state Treasurer for deposit in the state Treasury to the credit of special revenue fund to be known as the "parent education fund" which is hereby created. All moneys collected and received under this subsection and paid into the state Treasury and credited to the parent education fund shall be used by the administrative office of the Supreme Court of Appeals solely for reimbursing the provider of parent education classes for the costs of materials and of providing such classes. Such moneys shall not be treated by the Auditor and treasurer as part of the general revenue of the state.
(d) The administrative office of the Supreme Court of Appeals shall submit a report to the Joint Committee on Government and Finance summarizing the effectiveness of any program of parent education no later than two years from the initiation of the program.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-105. Venue for Custodial Allocation Actions Independent of Divorce

(a) Venue for the initial determination of custodial allocation or child custody determination within a divorce action shall be governed by 48-5-106 or 48-20-101
et
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. of this code, or both.
(b) Venue for the initial determination of custodial allocation or child custody determination as between parties who reside in separate states shall be governed by 48-20-101
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seq
. of this code.
(c) Venue for modification of custodial allocation or modification of child custody determination which was previously determined in a tribunal of a state other than West Virginia shall be governed by 48-20-101
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seq
. of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-201. Parenting Agreements

§48-9-201. Parenting agreements.
(a) If the parents agree to one or more provisions of a parenting plan, the court shall so order, unless it makes specific findings that:
(1) The agreement is not knowing or voluntary; or
(2) The plan would be harmful to the child.
(b) The court, at its discretion and on any basis it deems sufficient, may conduct an evidentiary hearing to determine whether there is a factual basis for a finding under subdivision (1) or (2), subsection (a) of this section. When there is credible information that child abuse as defined by section 49-1-3 of this code or domestic violence as defined by section 27-202 of this code has occurred, a hearing is mandatory and if the court determines that abuse has occurred, appropriate protective measures shall be ordered.
(c) If an agreement, in whole or in part, is not accepted by the court under the standards set forth in subsection (a) of this section, the court shall allow the parents the opportunity to negotiate another agreement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-204. Criteria for Temporary Parenting Plan

(a) After considering the proposed temporary parenting plan filed pursuant to 48-9-203 of this code and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child, which shall be in writing and contain specific findings of fact upon which the court bases its determinations. In making this determination, the court shall give particular consideration to:
(1) Which parent has taken greater responsibility during the last 12 months for performing parenting functions relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least disruption to the childs emotional stability while the action is pending.
(b) The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
(c) Upon credible evidence of one or more of the circumstances set forth in 48-9-209(a) of this code, the court shall issue a temporary order limiting or denying access to the child as required by that section, in order to protect the child or the other party, pending adjudication of the underlying facts. The temporary order shall be in writing and include specific findings of fact supporting the courts determination.
(d) Expedited procedures shall be instituted to facilitate the prompt issuance of a parenting plan.
(e) In establishing a temporary parenting plan, there shall be a presumption in favor of equal (50-50) physical custody which is rebuttable by a preponderance of the evidence, to be evaluated and considered in accordance with the criteria set forth in 48-9-209 of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-206. Allocation of Custodial Responsibility at Final Hearing

(a) Unless otherwise resolved by agreement of the parents under 48-9-201 of this code or unless harmful to the child, the court shall allocate custodial responsibility so that, except to the extent required under 48-9-209 of this code, the custodial time the child spends with each parent shall be equal (50-50).
(b) The court shall apply the principles set forth in 48-9-403 of this code if one parent relocates or proposes to relocate at a distance that will impair the ability of a parent to exercise the amount of custodial responsibility that would otherwise be ordered under this section.
(c) The court may consider the allocation of custodial responsibility arising from temporary agreements made by the parties after separation if the court finds, by a preponderance of the evidence, that such agreements were consensual. The court shall afford those temporary consensual agreements the weight the court believes the agreements are entitled to receive, based upon the evidence. The court may not consider the temporary allocation of custodial responsibility imposed by a court order on the parties unless both parties agreed to the allocation provided for in the temporary order.
(d) In the absence of an agreement of the parents, the courts determination of allocation of custodial responsibility under this section shall be made pursuant to a final hearing, which shall be conducted by the presentation of evidence. The courts order determining allocation of custodial responsibility shall be in writing, and include specific findings of fact and conclusions of law supporting the determination.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-207. Allocation of Significant Decision-Making Responsibility at Temporary or Final Hearing

(a) Unless otherwise resolved by agreement of the parents under 48-9-201 of this code, the court shall allocate responsibility for making significant life decisions on behalf of the child, including the childs education and health care, to one parent or to both parents jointly, in accordance with the childs best interest, in light of the ability or inability of the parents, based upon the evidence before the court, to work collaboratively and in cooperation with each other in decisionmaking on behalf of the child, and the existence of any criteria as set forth in 48-9-209 of this code.
(1) The level of each parents participation in past decision making on behalf of the child;
(2) The wishes of the parents; and
(3) The level of ability and cooperation the parents have demonstrated in decisionmaking on behalf of the child.
(b) If each of the childs parents has been exercising a reasonable share of the parenting functions for the child, there shall be a rebuttable presumption that an allocation of decision-making responsibility to both parents jointly is in the childs best interests. The presumption may be rebutted by a showing that joint allocation of decision-making responsibility is not in the childs best interest upon proof by a preponderance of the evidence of relevant factors under 48-9-209 of this code. The courts determination shall be in writing and include specific findings of fact supporting any determination that joint allocation of decision-making responsibility is not in the childs best interest.
(c) Unless otherwise agreed to by the parents or ordered by the court, each parent who is exercising custodial responsibility shall be given sole responsibility for day-to-day decisions for the child, while the child is in that parents care and control, including emergency decisions affecting the health and safety of the child.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-208. Parental Dispute Resolution

(a) If provisions for resolving parental disputes are not ordered by the court pursuant to a parenting agreement in 48-9-201 of this code, the court shall order a method of resolving disputes that serves the childs best interest in light of:
(1) The parents wishes and the stability of the child;
(2) Circumstances, including, but not limited to, financial circumstances, that may affect the parents ability to participate in a prescribed dispute resolution process; and
(3) The existence of any factor set forth in 48-9-209 of this code.
(b) The court may order a non-judicial process of dispute resolution by designating with particularity the person or agency to conduct the process or the method for selecting a person or agency. The disposition of a dispute through a non-judicial method of dispute resolution that has been ordered by the court without prior parental agreement is subject to de novo judicial review. If the parents have agreed in a parenting plan or by agreement thereafter to a binding resolution of their dispute by non-judicial means, a decision by such means is binding upon the parents and must be enforced by the court, unless it is shown to be contrary to the best interests of the child, beyond the scope of the parents agreement, or the result of fraud, misconduct, corruption, or other serious irregularity.
(c) This section is subject to the limitations imposed by 48-9-202 of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-209a. Child Conceived as Result of Sexual Assault or Sexual Abuse by a Parent; Rights of a Biological Parent Convicted of Sexual Assault or Abuse; Post-Conviction Cohabitation; Rebuttable Presumption Upon Separation or Divorce

§48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of a biological parent convicted of sexual assault or abuse; post-conviction cohabitation; rebuttable presumption upon separation or divorce.
(a) Except as otherwise provided in this section, if a child custodial responsibility or parenting time dispute involves a child who is conceived as a result of acts by which one of the child's biological parents has been convicted of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article eight-d, chapter sixty-one of this code, the court shall not allocate custodial responsibility to the biological parent convicted of the sexual assault, and the convicted parent has no right to parenting time with the child unless the court finds by clear and convincing evidence set forth in written findings that it is in the best interests of the child, adequately protects the child and the victim of the sexual offense and that the person or persons with custodial responsibility of the child consent thereto.
(b) Subsection (a) does not apply if:
(1) The biological parents are husband and wife at the time of the offense and, after the date of conviction, cohabit and establish a mutual custodial environment for the child; or
(2) After the date of conviction, the unmarried biological parents cohabit and establish a mutual custodial environment for the child.
(c) If persons described by subsection (b) of this section later separate or divorce, the conviction of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article eight-d, chapter sixty-one of this code creates a rebuttable presumption that exclusive or shared custodial responsibility of the child by the perpetrator of the offense is not in the best interests of the child. The convicted parent has no right to parenting time with the child unless the court finds by clear and convincing evidence set forth in written findings that, despite the rebuttable presumption required by this subsection, a custodial responsibility or parenting time arrangement with the convicted parent is in the best interests of the child, adequately protects the child and the victim of the sexual offense, and that the victim of the sexual offense consents thereto.
(d) A denial of custodial responsibility or parenting time under this section does not by itself terminate the parental rights of the person denied custodial responsibility or parenting time, nor does it affect the obligation of the person to support the minor child.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-301a. Child Abuse Allegations

(a) If allegations of child abuse are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, considers appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this subsection shall affect the applicability of §49-2-802 and §49-2-803 of this code.
(b) If allegations of child abuse are made during a child custody proceeding, the court may request that the local child protective service conduct an investigation of the allegations pursuant to §49-2-801 through §49-2-814 of this code. Upon completion of the investigation, the agency shall report its findings to the court.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-302. Appointment of Guardian

(a) In its discretion, the court may appoint a guardian ad litem to represent the child's best interests. The court shall specify the terms of the appointment, including the guardian's role, duties and scope of authority.
(b) In its discretion, the court may appoint a lawyer to represent the child, if the child is competent to direct the terms of the representation and court has a reasonable basis for finding that the appointment would be helpful in resolving the issues of the case. The court shall specify the terms of the appointment, including the lawyer's role, duties and scope of authority.
(c) When substantial allegations of domestic abuse have been made, the court shall order an investigation under section 9-301 or make an appointment under subsection (a) or (b) of this section, unless the court is satisfied that the information necessary to evaluate the allegations will be adequately presented to the court without such order or appointment.
(d) Subject to whatever restrictions the court may impose or that may be imposed by the attorney-client privilege or by subsection 9-202(d), the court may require the child or parent to provide information to an individual or agency appointed by the court under section 9-301 or subsection (a) or (b) of this section, and it may require any person having information about the child or parent to provide that information, even in the absence of consent by a parent or by the child, except if the information is otherwise protected by law.
(e) The investigator who submits a report or evidence to the court that has been requested under section 9-301 and a guardian ad litem appointed under subsection (a) of this section who submits information or recommendations to the court are subject to cross-examination by the parties. A lawyer appointed under subsection (b) of this section may not be a witness in the proceedings, except as allowed under standards applicable in other civil proceedings.
(f) Services and tests ordered under this section shall be ordered only if at no cost to the individuals involved, or at a cost that is reasonable in light of the available financial resources.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-303. Interview of the Child by the Court

The court, in its discretion, may interview the child in chambers or direct another person to interview the child, in order to obtain information relating to the issues of the case. The interview shall be conducted in accordance with rule 16 of the rules of practice and procedure for family law, as promulgated by the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-401. Modification Upon Showing of Changed Circumstances or Harm

(a) Except as provided in 48-9-402 or 48-9-403 of this code, a court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order and were not anticipated in the prior order, that a substantial change has occurred in the circumstances of the child or of one or both parents and a modification is necessary to serve the best interests of the child.
(b) In exceptional circumstances, a court may modify a parenting plan if it finds that the plan is not working as contemplated and in some specific way is manifestly harmful to the child, even if a substantial change of circumstances has not occurred.
(c) Unless the parents have agreed otherwise, the following circumstances do not justify a significant modification of a parenting plan except where harm to the child is shown:
(1) Circumstances resulting in an involuntary loss of income, by loss of employment or otherwise, affecting the parents economic status;
(2) A parents remarriage or cohabitation, except under the circumstances set forth in 48-9-209(f) of this code; and
(3) Choice of reasonable caretaking arrangements for the child by a legal parent, including the childs placement in day care.
(d) For purposes of subsection (a) of this section, the occurrence or worsening of a limiting factor, as defined in 48-9-209(a) of this code, after a parenting plan has been ordered by the court constitutes a substantial change of circumstances and measures shall be ordered pursuant to 48-9-209 of this code to protect the child or the childs parent.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children › §48-9-402. Modification Without Showing of Changed Circumstances

(a) The court shall modify a parenting plan in accordance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child.
(b) The court may modify any provisions of the parenting plan without the showing of the changed circumstances required by 48-9-401(a) of this code if the modification is in the childs best interests, and the modification:
(1) Reflects the de facto arrangements under which the child has been receiving care from the petitioner, without objection, in substantial deviation from the parenting plan, for the preceding six months before the petition for modification is filed, provided the arrangement is not the result of a parents acquiescence resulting from the other parents domestic abuse;
(2) Constitutes a minor modification in the plan;
(3) Is necessary to accommodate the reasonable and firm preferences of a child who, has attained the age of 14; or
(4) Is necessary to accommodate the reasonable and firm preferences of a child who is under the age of 14 and, in the discretion of the court, is sufficiently matured that he or she can intelligently express a voluntary preference;
(c) Evidence of repeated filings of fraudulent reports of domestic violence or child abuse is admissible in a domestic relations action between the involved parties when the allocation of custodial responsibilities is in issue, and the fraudulent accusations may be a factor considered by the court in making the allocation of custodial responsibilities.
2023 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.
2023 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 parents 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 considered to be the custodian of the child for the purposes of such federal and state statutes. When a court orders that custodial allocation shall be on an equal (50-50) basis, the court shall also specify in its order which parent may claim state and federal income tax deductions and exemptions for the child or children: Provided, That such claims to state and federal income tax deductions and exemptions for the child or children may be divided equitably between the parents, year to year.
2023 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 amendments to this chapter enacted during the 2022 regular 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.
(b) The amendments to this chapter enacted during the 2022 regular legislative session do not constitute a change in circumstances or other basis for modification under 48-9-401 or 48-9-402 of this code.
(c) The amendments to this chapter enacted during the 2022 regular legislative session 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.
(d) The amendments to this chapter enacted during the 2022 regular legislative session shall be known as the 2022 Best Interest of the Child Act.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-102. Required Information in Support Orders

(a) Any order which provides for the custody or support of a minor child shall include:
(1) The name of the custodian;
(2) The amount of the support payments;
(3) The date the first payment is due;
(4) The frequency of the support payments;
(5) The event or events which trigger termination of the support obligation;
(6) A provision regarding wage withholding;
(7) The address where payments shall be sent;
(8) A provision for medical support;
(9) When child support guidelines are not followed, a specific written finding pursuant to section 13-702.
(b) Effective October 1, 1999, any order entered that provides for the payment of child support shall also include a statement that requires both parties to report any changes in gross income, either in source of employment or in the amount of gross income, to the Bureau for Child Support enforcement and to the other party. The notice shall not be required if the change in gross income is less than a fifteen percent change in gross income.
(c) All child support orders shall contain a notice which contains language substantially similar to the following: "The amount of the monthly child support can be modified as provided by law based upon a change in the financial or other circumstances of the parties if those circumstances are among those considered in the child support formula. In order to make the modification a party must file a motion to modify the child support amount. Unless a motion to modify is filed, the child support amount will continue to be due and cannot later be changed retroactively even though there has been a change of circumstances since the entry of the order. Self help forms for modification can be found at the circuit clerk's office." The failure of an order to have such a provision does not alter the effectiveness of the order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-103. Child Support Beyond Age Eighteen

(a) An order for child support shall provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and making substantial progress towards a diploma: Provided, That such payments may not extend past the date that the child reaches the age of twenty.
(b) Nothing herein shall be construed to abrogate or modify existing case law regarding the eligibility of handicapped or disabled children to receive child support beyond the age of eighteen.
(c) The reenactment of this section during the 1994 regular session of the Legislature shall not, by operation of law, have any effect upon or vacate any order or portion thereof entered under the prior enactment of this section which awarded educational and related expenses for an adult child accepted or enrolled and making satisfactory progress in an educational program at a certified or accredited college. Any such order or portion thereof shall continue in full force and effect until the court, upon motion of a party, modifies or vacates the order upon a finding that:
(1) The facts and circumstances which supported the entry of the original order have changed, in which case the order may be modified;
(2) The facts and circumstances which supported the entry of the original order no longer exist because the child has not been accepted or is not enrolled in and making satisfactory progress in an educational program at a certified or accredited college or the parent ordered to pay such educational and related expenses is no longer able to make such payments, in which case the order shall be vacated;
(3) The child, at the time the order was entered, was under the age of sixteen years, in which case the order shall be vacated;
(4) The amount ordered to be paid was determined by an application of child support guidelines in accordance with the provisions of section one hundred one, article thirteen, et seq., of this chapter, or legislative rules promulgated thereunder, in which case the order may be modified or vacated; or
(5) The order was entered after March 14, 1994, in which case the order shall be vacated.