Are grandparents allowed to sue for emotional distress caused by the denial of visitation rights?

In West Virginia, grandparents may file a claim to sue for emotional distress caused by the denial of visitation rights. However, courts in the state are unlikely to grant a lawsuit based solely on a denial of visitation rights. The West Virginia Supreme Court of Appeals has ruled that this type of claim should not be allowed unless the grandparents can prove that a visitation denial has caused them "severe emotional distress." In order to prove this, grandparents must provide evidence of the emotional distress and its cause. This could include medical records, testimony from a mental health expert, or any other evidence which can support the claim. It is important for grandparents to keep track of their attempts to gain visitation rights, such as sending certified letters, making phone calls, and other attempts to communicate with the parent. Keeping records of these attempts to gain visitation can provide valuable evidence if a court does eventually hear the case. Furthermore, grandparents are only allowed to sue for emotional distress in West Virginia if the visitation denial is intentional and unreasonable. If a court finds that the visitation denial was not done with intent to cause emotional distress, then the grandparents’ case will likely be dismissed. Overall, while grandparents are allowed to sue for emotional distress caused by the denial of visitation rights in West Virginia, it is a difficult and complex legal process. Thus, it is important for any grandparent considering a lawsuit to consult with a qualified attorney and be prepared to provide the necessary evidence to prove their case.

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Are grandparents allowed to sue for emotional distress caused by the denial of visitation rights?

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