How is the court likely to consider a grandparent’s request for visitation?

In West Virginia, courts consider a grandparent’s request for visitation by taking into account the grandparent’s relationship with the grandchild, the level of involvement the grandparent has had in the grandchild’s life, and the wishes of the custodial parent. The court must also consider the best interests of the grandchild before granting any visitation rights. When it comes to granting visitation rights, courts in West Virginia will first look to see if the grandparent has established a substantial relationship with the grandchild. This includes determining the length of time the grandparent has spent with the grandchild and the regularity of contact. Courts will also review any evidence of emotional or financial support the grandparent may have provided. The court also takes into account the wishes of the custodial parent as this parent is generally considered to have the best interests of the child in mind. The court takes a custodial parent’s opinion serious and only grants visitation rights if the court determines it is in the child’s best interest. Finally, when determining if it should grant visitation rights, the court considers any long-term harm the grandparent contact may inflict on the grandchild. For example, the court will determine whether introducing the grandparent into the grandchild’s life will destabilize the life the grandchild had prior to the request for visitation. The court may also look at the grandparent’s own mental and physical health to ensure that grandparent visitation is a safe and healthy decision for the grandchild.

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How is the court likely to consider a grandparent’s request for visitation?

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