W. Va. Code » §48-10-101. Legislative findings.
West Virginia Code

W. Va. Code § 48-10-101 (2026)

Legislative findings

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 10. GRANDPARENT VISITATION.

§48-10-101. Legislative findings.

The Legislature finds that circumstances arise where it is appropriate for circuit courts or family courts of this state to order that grandparents of minor children may exercise visitation with their grandchildren. The Legislature further finds that in such situations, as in all situations involving children, the best interests of the child or children are the paramount consideration.

Notes of Decisions
Cited in 22 cases (9 in the last 5 years), 2001–2026 · leading case: In re Hunter H., 744 S.E.2d 228 (W. Va. 2013).
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In re Hunter H., 744 S.E.2d 228 (W. Va. 2013). · cites it 9× “Code § 48-10-101 et seq. [2001]. After thorough review, we conclude that the Grandparent Visitation Act does not provide for continued grandparent visitation after a child is adopted by a non-relative.”
In re K.H., 773 S.E.2d 20 (W. Va. 2015). “Thus, we remand this matter for the entry of an order, consistent with this opinion, specifying a liberal visitation schedule to permit significant and meaningful opportunity for the grandmother to interact with K.H. In formulating such arrangement, the family court must also be…”
Visitation of Cathy LM v. Mark Brent R., 617 S.E.2d 866 (W. Va. 2005). · cites it 4× “The Legislature further finds that in such situations, as in all situations involving children, the best interests of the child or children are the paramount consideration.”
In re Grandparent Visitation of A.P., 743 S.E.2d 346 (W. Va. 2013). · cites it 4× “Discussion This Court has specified that “[t]he Grandparent Visitation Act, W.Va.Code § 48-10-101 et seq. [2001], is the exclusive means through which a grandparent may seek visitation with a grandchild.”
State ex rel. Brandon L. v. Moats, 551 S.E.2d 674 (W. Va. 2001). · cites it 2× “The pertinent recodification of the grandparent visitation act, which is now found in West Virginia Code §§ 48-10-101 to -1201, did not alter the language of the statutory provisions under consideration.”
Lindsie D.L. v. Richard W.S., 591 S.E.2d 308 (W. Va. 2003). · cites it 2× “The statutory bases for court interference with the parents’ right to custody and control of their children are limited and specific.”
In re Abbigail Faye B., 665 S.E.2d 300 (W. Va. 2008). · cites it 2× “It is clear from the record in this case and the arguments asserted by Gala and Brent that they did not file a petition for grandparent visitation but instead seek much greater privileges and responsibilities vis-a-vis Abbigail than the limited rights an award of grandparent…”
Alyssha R. v. Nicholas H., 760 S.E.2d 560 (W. Va. 2014). · cites it 5× “The Mother contends that the circuit court failed to comply with the West Virginia Grandparent Visitation Act, W. Va.Code § 48-10-101 et seq. (hereinafter “the Act”).”
In re D.F. & J.F., No. 18-0454 (W. Va. Nov. 19, 2018). · cites it 4× “We have previously held that [t]he Grandparent Visitation Act, W.Va. Code § 48-10-101 et seq., is the exclusive means through which a grandparent may seek visitation with a grandchild.”
In re Grandparent Visitation of L.M., A.M., E.M., J.M., B.M. & S.M, No. 20-0037 (W. Va. June 8, 2021). · cites it 4× “, W. Va. Code § 48-10-101 (eff. 2006) (“The Legislature finds that circumstances arise where it is appropriate for circuit courts or family courts of this state to order that grandparents of minor children may exercise visitation with their grandchildren.”
In re Grandparent Visitation of: Siddy W. v. Gary & Darlene T., No. 17-0858 (W. Va. June 15, 2018). · cites it 2× “As petitioner correctly notes, “[t]he Grandparent Visitation Act, W.Va.Code § 48-10-101 et seq. [2001], is the exclusive means through which a grandparent may seek visitation with a grandchild.”
Meagan S. v. Terry S. & Kimberly S., 836 S.E.2d 419 (W. Va. 2019). · cites it 2× “The family 8 This Court has held that “[t]he best interests of the child are expressly incorporated into the Grandparent Visitation Act in W. Va. Code §§ 48-10-101 , 48-10-501, and 48-10- 502 [2001].”
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