How do I establish a grandparent’s rights to visitation or custody?

In West Virginia, establishing a grandparent’s rights to visitation or custody requires filing a motion in family court. The motion must be accompanied by an affidavit signed by the grandparent, stating the reason why they want visitation or custody. The affidavit must also include information such as the grandparent’s relationship with the child and how much contact they have had with the child in the past. In West Virginia, a grandparent can petition the court for visitation rights if they can show that they have been denied visitation without good cause, that they had a relationship with the child prior to the filing of the motion, and that visitation will be in the best interest of the child. Grandparents can also petition for custody if they demonstrate that the parent or guardian of the child is unfit, that the grandparent is a de facto custodian, or that awarding them custody would be in the best interest of the child. In either case, the court will consider all the facts of the case in order to determine whether granting visitation or custody to the grandparent would benefit the child. If the court rules in favor of the grandparent, it could order a visitation or custody agreement to be drawn up between the grandparent and the parent or guardian of the child.

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How do I establish a grandparent’s rights to visitation or custody?

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