Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 696 History

DOWNLOAD  wpd  |  Email


sb696 intr
Senate Bill No. 696

(By Senator Caruth)

____________

[Introduced March 21, 2005; referred to the Committee

on the Judiciary.]

____________




A BILL to amend and reenact §48-10-502 of the Code of West Virginia, 1931, as amended, relating to grandparent visitation generally.

Be it enacted by the Legislature of West Virginia:
That §48-10-502 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. UNIFORM CHILD CUSTODY JURISDICTION ACT.

§48-10-502. Factors to be considered in making a determination as to a grant of visitation to a grandparent.

(a) 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 the child and parent;
(3) (4) The relationship between each of the child's parents or the person with whom the child is residing and the grandparent;
(4) (5) The time which has elapsed since the child last had contact with the grandparent;
(5) (6) 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) (7) If the parents are divorced or separated, the custody and visitation arrangement which exists between the parents with regard to the child;
(7) (8) 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) (9) The good faith of the grandparent in filing the motion or petition;
(9) (10) Any history of physical, emotional or sexual abuse or neglect being performed, procured, assisted or condoned by the grandparent;
(11) Any history of physical, emotional or sexual abuse or neglect being performed, procured, assisted or condoned by the parent, including any criminal activity or history;
(10) (12) 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) (13) 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) (14) The preference of the parents with regard to the requested visitation; and
(13) (15) Any other factor relevant to the best interests of the child.
(b) Although no single factor shall be determinative, the circuit court shall give due regard and consideration to the time spent with the child prior to the absence of contact between the child and the grandparent, as well as the circumstances and basis for the lapse in time since the child last had contact with the grandparent. If the circuit court determines, by a preponderance of the evidence, that the absence of contact between the child and grandparent was not the fault of the grandparent, such factor shall not be used to the detriment of the grandparent.



NOTE: The purpose of this bill is to revise the grandparent visitation statute to include additional factors regarding the child's relationship with the parents and requiring that the court consider the amount of time the child spent with the grandparents prior to the absence of contact.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****