What are the applicable laws in a grandparent's state that relate to visitation rights?

In West Virginia, Grandparent’s Rights Law grants grandparents access to court if they are seeking visitation rights to their grandchild. Law recognizes the important role grandparents have in the lives of their grandchildren and the importance of maintaining relationships between the two. The applicable laws that grant a grandparent the right to seek visitation rights are the West Virginia Code Section 48-9-102 and the West Virginia Supreme Court of Appeals decision from 2011. According to West Virginia Code, a court may grant grandparent visitation rights if it is determined to be in the best interests of the child, and if one of five specific conditions are met: if a court has ordered termination of parental rights, if both parents have passed away, if the child was born outside of marriage, if the child has been in the physical custody of a grandparent for at least 12 consecutive months, or if the grandparent is specifically granted visitation rights in an existing court order. In 2011, the West Virginia Supreme Court of Appeals decision established tougher criteria for grandparents seeking visitation rights. The court determined that a grandparent must show compelling reasons why visitation is necessary, such as if visitation is necessary for the child’s mental or physical well-being; if visitation would allow the child to continue certain traditions or values; and if there is a bond between grandparent and grandchild that would diminish without visitation. The court also determined that any grandparent seeking visitation rights must provide evidence that it is in the best interest of the child.

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What are the applicable laws in a grandparent's state that relate to visitation rights?

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