This bill introduces a new Article 10A within Chapter 48 of the Code of West Virginia, establishing a statutory right for siblings to petition circuit and family courts for visitation with minor children. It defines key terms such as "child" and "sibling," and outlines the procedures for filing visitation motions or petitions. The courts are required to prioritize the best interests of the minor child when making visitation determinations, considering various factors in their evaluations. Additionally, the bill mandates the appointment of a guardian ad litem to represent the child's interests and includes provisions for supervised visitation, while addressing the impact of parental remarriage and adoption on sibling visitation rights.

Moreover, the bill clarifies the jurisdictional roles of family and circuit courts, particularly in cases involving divorce or annulment that do not pertain to child custody or support. It specifies that if a petition for child abuse or neglect is filed during such proceedings, the circuit court's orders will take precedence over family court orders regarding custody. The legislation also emphasizes the limited jurisdiction of family courts and delineates the powers they can exercise, ensuring that family court judges are not classified as judges of a court of record unless explicitly authorized by the Legislature. The bill includes new legal language for sibling visitation while deleting previous references to such visitation in existing law.

Statutes affected:
Introduced Version: 51-2A-2, 48-10A-101, 48-10A-102, 48-10A-201, 48-10A-202, 48-10A-203, 48-10A-204, 48-10A-301, 48-10A-401, 48-10A-402, 48-10A-403, 48-10A-501, 48-10A-502, 48-10A-601, 48-10A-602, 48-10A-701, 48-10A-702, 48-10A-801, 48-10A-802, 48-10A-901, 48-10A-902, 48-10A-1001, 48-10A-1002, 48-10A-1101, 48-10A-1201