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Child custody

grandparent rights

Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.

For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.

And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.

In West Virginia, the legal framework generally prioritizes the rights of parents in child custody matters. However, under certain circumstances, grandparents may be awarded custody of their grandchildren. This can occur if both parents are deemed unfit, if both parents have passed away, or if one parent is deceased and the other is incarcerated. Grandparents may petition the court for custody in such situations. Additionally, grandparent visitation rights in West Virginia are recognized, but they are subject to specific conditions. These conditions often relate to the status of the child's parents, such as if they are divorced, legally separated, or deceased. The state statutes provide a mechanism for grandparents to seek visitation rights, but the best interests of the child are always the paramount consideration for the court when making custody and visitation determinations.

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Understanding Grandparent Visitation Laws and Custody Rights

While all 50 states have laws regarding grandparent visitation or child custody rights, the level of access grandparents can pursue varies depending on a number of factors.

Child custody

grandparent rights

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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West-Virginia State Code

West-Virginia State Code

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Child custody

grandparent rights