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 and that:

(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