WVC 48 - 10 - 701
PART 7. PROOF REQUIRED FOR GRANT
OF GRANDPARENT VISITATION.
§48-10-701. Proof required when action is pending for divorce,
custody, legal separation, annulment or
establishment of paternity.
If a motion for grandparent visitation is filed in a pending
action for divorce, custody, legal separation, annulment or
establishment of paternity pursuant to section 21-401, the
grandparent shall be granted visitation if a preponderance of the
evidence shows that visitation is in the best interest of the child
(1) The party to the divorce through which the grandparent is
related to the minor child has failed to answer or otherwise appear
and defend the cause of action; or
(2) The whereabouts of the party through which the grandparent
is related to the minor child are unknown to the party bringing the
action and to the grandparent who filed the motion for visitation.
Note: WV Code updated with legislation passed through the 2012 1st Special Session