This bill proposes the establishment of Article 10A within Chapter 48 of the Code of West Virginia, which grants siblings the statutory right 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 applying for visitation rights, emphasizing that the best interests of the child are paramount in any visitation decision. The legislation also includes provisions for appointing a guardian ad litem to represent the child's interests, factors for the court to consider when granting visitation, and the implications of parental remarriage and adoption on these rights.

Furthermore, the bill modifies existing legal language by removing certain references and adding new ones to clarify jurisdictional authority. It specifies that family courts have concurrent jurisdiction with circuit courts in family law matters while maintaining their limited jurisdiction. The bill also establishes penalties for siblings who facilitate contact between a minor child and individuals denied visitation rights by court order, thereby reinforcing the legal framework surrounding sibling visitation rights.

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