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WVC 53 - 8 - 3 §53-8-3. Who may file; exclusivity; applicability of article.

     (a) Who may file a petition. -- A petition for relief under this article may be filed by:

     (1) A person seeking relief under this article for herself or himself; or

     (2) A parent, guardian or custodian on the behalf of a minor child or an incapacitated adult.

     (b) Other remedies generally not precluded. -- By proceeding under this article, a petitioner is not limited to or precluded from pursuing any other legal remedy.

     (c) Circumstances where article is inapplicable. -- This article does not apply to a petitioner who is a person eligible for relief under article twenty-seven, chapter forty-eight of this code.

     (d) Right to file. -- No person may be refused the right to file a petition under the provisions of this article. No person may be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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