COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 405
(By Senators Kessler, Unger, Minard and White)
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[Originating in the Committee on the Judiciary;
reported March 4, 2009.]
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A BILL to repeal §48-10-402 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §48-10-401 of said code,
relating to circuit and family court jurisdiction over
petitions for grandparent visitation; and establishing
exclusive family court jurisdiction over such petitions or
motions except when the child or children with whom visitation
is sought are the subject or subjects of a pending abuse or
neglect petition in the circuit court.
Be it enacted by the Legislature of West Virginia:
That §48-10-402 of the Code of West Virginia, 1931, as
amended, be repealed; and that §48-10-401 of said code be amended
and reenacted to read as follows:
ARTICLE 10. GRANDPARENT VISITATION.
§48-10-401.Grandparent visitation motions or petitions-
jurisdiction.
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.
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(NOTE: The purpose of this bill is to require petitions for
grandparent visitation generally be filed in family court. Only
when there is a pending abuse or neglect proceeding pending in
circuit court would a visitation motion or petition be filed in
circuit court. This is accomplished by repeal of §48-10-402 and
the redrafting of §48-10-401, the provisions of which are
completely rewritten; therefore, there are no strike throughs or
underlining.)