Charleston Grandparent Visitation Attorneys
The West Virginia legislature has found that circumstances arise where it is appropriate for family court judges to order that grandparents of minor children may exercise visitation with their grandchildren. As always, the polar star is the best interest of the child.
Generally the statute has been interpreted to give grandparents rights when their child (the biological mother or father of the minor child) has deceased, and the surviving parent does not wish the minor child to see the grandparents. However, there are other scenarios that exist that could give rise to a grandparent receiving visitation rights. One of those scenarios would be that the grandparent(s) believe the grandchild is in danger if left in the home.
There are actually five vehicles that grandparents may consider when confronted with this situation. They are: domestic violence protective order, guardianship proceeding, custody proceeding, abuse and neglect proceeding or adoption. Each vehicle has different requirements, fall under different statutes and rules, vary in venues, vary as to who has standing to bring a suit, and differs in where and what must be filed in order to initiate an action. Some vehicles are quicker than others, while some are less apt to change in the future.
To petition for grandparent visitation, it is not necessary that the parents of the minor child(ren) be married. If you are contemplating filing grandparent visitation, or any other vehicle discussed above, first contact an attorney to discuss your specific goals.
