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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 10. Grandparent Visitation » §48-10-701. Proof Required When Action Is Pending for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity

OF GRANDPARENT VISITATION.

§48-10-701. Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity.

If a motion for grandparent visitation is filed in a pending action for divorce, custody, legal separation, annulment or establishment of paternity pursuant to section 21-401, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child and that:

(1) The party to the divorce through which the grandparent is related to the minor child has failed to answer or otherwise appear and defend the cause of action; or