Senate Bill No. 356
(By Senators Wiedebusch, Minard, Chernenko, Sharpe,
Bailey and Wooton)
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[Introduced February 16, 1994; 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; 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 minorchild or children as well as the grandparent. 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) 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.

NOTE: The purpose of this bill is to extend grandparent visitation rights to persons who have previously been granted custody of the parent of a minor child and to define the meaning of "grandparent".

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