How does a grandparent apply for partial or full guardianship of a grandchild?

In West Virginia, a grandparent may apply for partial or full guardianship of a grandchild. This process is done through the family court system, which requires a filing of a petition for guardianship. The Grandparent’s Rights Law in West Virginia requires that in order for a grandparent to apply for guardianship, the grandparent must show that the parent is either deceased, missing, or unable or unwilling to assume parental responsibility. When a grandparent applies for guardianship, the court will review the grandparent’s relationship with the grandchild, the grandchild’s financial needs, the grandparent’s financial means to meet those needs, and the grandchild’s continuing physical and emotional needs. After reviewing all this information, the court will decide whether or not a grandparent is suitable for guardianship. The court may grant a grandparent limited or full guardianship rights, depending on the needs of the grandchild and the circumstances of the grandparent’s relationship with the grandchild. Full guardianship grants the grandparent the right to make all decisions for the grandchild, while limited guardianship grants the grandparent limited rights to make decisions regarding the grandchild’s physical and emotional needs. If a court decides that a grandparent is suitable for guardianship, then the court will issue a guardianship order. This order will outline the grandparent’s rights and responsibilities. It is important that the grandparent follows this order to the best of their ability in order to adequately meet the needs of the grandchild.

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How does a grandparent apply for partial or full guardianship of a grandchild?

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