What legal documentation does a grandparent need to establish visitation rights?

In West Virginia, grandparent visitation rights are established by the Grandparents Visitation Rights Act. This act grants a grandparent the right to file a petition in family court seeking a visitation order for his/her own grandchildren. To begin the process, the grandparent must file a Petition for Grandparent Visitation Rights in the family court of the county where the grandparent or grandchild resides. This form asks for basic information, such as the name and address of the grandparent and grandchild, and any other relevant information that pertains to the child’s legal guardianship. The petition must also be accompanied by a sworn affidavit that states all the facts that support the grandparent’s request for visitation rights. The grandparent must also provide the court with any necessary legal documents and/or certifications that establish his/her relationship to the grandchild. This can include a copy of the grandchild’s birth certificate, if the grandparent is the natural grandparent, or a copy of the adoption certificate or court order, if the grandparent was adopted. The documentary evidence must be sufficient to prove the familial relationship. Once the paperwork is filed, the court will review the documents and may hear testimony from both the grandparent and the grandchild’s guardian. If the court is satisfied that the grandparent’s request is valid, then it will issue a visitation order granting the grandparent the right to visit with his/her grandchild. This order will typically specify the length and frequency of visitation, as well as any other conditions the court deems necessary.

What legal documentation does a grandparent need to establish visitation rights?

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