Grandparent’s Visitation Rights in WV

Under West Virginia law, a grandparent of a child residing in West Virginia may apply for Court ordered visitation by filing a motion or petition with the Circuit Court or Family Court of the County where the child resides. However, both the United States Supreme Court and the West Virginia Supreme Court of Appeals have noted that a fit parent has a fundamental liberty interest in making decisions concerning the upbringing of their children. Courts give considerable deference to a fit parent’s own preference on the matter of grandparent visitation which means a Court is not likely to intervene in a fit parent’s decision. Further, West Virginia law creates a rebuttable presumption against such visitation if the parent is fit. The presumption can only be overcome by producing clear and convincing evidence that grandparent visitation is in the best interest of the child.

-Steve Taylor