COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 439
(By Senators Wiedebusch and Minard)
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[Originating in the Committee on the Judiciary;
reported March 30, 1993.]
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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; definitions.
(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 of minor children a
right of visitation to enhance the best interests of the minor
child or children as well as the grandparent. The Legislaturefurther 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) For purposes of this article, "grandparent" means a
biological grandparent or other person who has previously been
granted custody of the parent of a minor child with whom
visitation is sought by a court of competent jurisdiction.
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(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.)