Senate Bill No. 439

(By Senators Wiedebusch and Minard)

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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact section one, article two-b, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to rights of grandparents of minor children; and including a legal guardian of a parent of a minor child within the term grandparent for the purposes of visitation rights.

Be it enacted by the Legislature of West Virginia:
That section one, article two-b, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2B. GRANDPARENT VISITATION.

§48-2B-1. Legislative findings; intent; including legal guardian of parent within grandparent visitation rights provisions.

(a) The Legislature finds that circumstances may arise where it is appropriate for circuit courts of this state to have jurisdiction to grant to the grandparents and the legal guardian of the parent of minor children a right of visitation to enhancethe best interests of the minor child or children as well as the grandparent or legal guardian of the parent of the minor child. The Legislature further finds that in such situations, as in all situations involving children, the best interests of children must be the paramount consideration. It is the express intent of the Legislature that the provisions for grandparent and legal guardian visitation set forth in this article shall be exclusive and under all circumstances the interests of the child or children involved shall be the court's first and paramount consideration.
(b) The legal guardian of the parent of a minor child has all the rights and interests regarding visitation of minor children as are provided to and vested in grandparents under the provisions of this article. For the purposes of this section a legal guardian is the person who has previously been appointed the legal guardian of a parent, who at the time of the appointment was a minor, and who has acted as a grandparent, de facto, to the children of the parent.



NOTE: The purpose of this bill is to give former and current legal guardians of parents of minor children the same rights to visit those minor children as grandparents have to visit grandchildren.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.