Grandparent Rights and Visitation

in West Virginia

Grandparents Seeking to Stay Connected with Grandchildren

The West Virginia Legislature agrees on the importance of grandparent rights and defines over a dozen factors that the court may take into consideration when determining grandparent visitation. These include:

(1) The age of the child;

(2) The relationship between the child and the grandparent;

(3) The relationship between each of the child’s parents or the person with whom the child is residing and the grandparent;

(4) The amount of time since the child last had contact with the grandparent;

(5) The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;

(6) If the parents are divorced or separated, the custody and visitation arrangement which exists between the parents with regard to the child;

(7) The time available to the child and his or her parents, giving consideration to such matters as each parent’s employment schedule, the child’s schedule for home, school and community activities, and the child’s and parents’ holiday and vacation schedule;

(8) The good faith of the grandparent in filing the motion or petition;

(9) Any history of physical, emotional or sexual abuse or neglect being performed, procured, assisted or condoned by the grandparent;

(10) Whether the child has, in the past, resided with the grandparent for a significant period or periods of time, with or without the child’s parent or parents;

(11) Whether the grandparent has, in the past, been a significant caretaker for the child, regardless of whether the child resided inside or outside of the grandparent’s residence;

(12) The preference of the parents with regard to the requested visitation; and

(13) Any other factor relevant to the best interests of the child.

Consult a Grandparent Visitation Lawyer at Stroebel & Johnson PLLC

Matters related to family court in West Virginia often require the knowledge of a lawyer with experience in the many aspects of divorce and custody. When family dynamics change, grandparents may seek to maintain visitation or a strong presence in their grandchild’s life. Having visitation rights or an agreement in writing is an important tool. The court may grant or refuse grandparent visitation, so having a strong lawyer at your side is essential. Stroebel & Johnson, PLLC takes the time to help you understand the many facets of the law and what they mean to your family based on each set of circumstances. Consult with our lawyer to protect your grandparent visitation rights.

  • Supervised Visitation
  • Paternity Issues
  • Visitation Conditions or Limitations
  • Remarriage
  • Adoption of Grandchild

For more, see West Virginia Code, Chapter 48 – Domestic Relations, Article 10 – Grandparent Visitation, at this link: http://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=48&art=10

Conservatorship Matters in Circuit Court in West Virginia

Persons in West Virginia who may need the assistance of someone to help them manage their financial affairs. Such an appointment for a protected person is done through a petition with the circuit court in West Virginia. The court may appoint a person responsible for managing a protected person’s estate and their financial affairs. This agreement or appointment of conservatorship may include duties on a limited or temporary basis. Limited conservators have particular duties specified in the order of appointment, while a temporary conservator may have the powers and duties for a limited time.

Guardianship or Conservatorship – What is the Difference?

Conservatorship differs from guardianship in that a guardian cares for the protected person’s physical needs, such as their living arrangements and is generally involved in many aspects of their daily life. On the other hand, a conservator manages financial affairs for the person, generally in the least restrictive way possible. There are other qualifications and responsibilities for someone serving in the role of conservator, such as mandatory training, posting of a bond, accounting requirements, and more.

Consult with Stroebel & Johnson PLLC on Conservatorship

You may choose to consult with an experienced lawyer at Stroebel & Johnson in Charleston or Lewisburg to review all of the many important aspects of being entering into a conservatorship for yourself or a loved one. For more on West Virginia conservatorship, you may read or download a copy of Chapter 4 of a handbook guide for court-appointed guardians and conservators at this link: http://www.wvdhhr.org/bcf/policy/social_services/guardianship/guardian%20and%20conservator%20handbook.pdf

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