This bill introduces a new article, Article 10A, to the Code of West Virginia, which establishes 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 applying for visitation rights, emphasizing that the best interests of the minor child are paramount in visitation decisions. 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 necessary findings required for such orders. Additionally, it addresses the impact of parental remarriage and adoption on visitation rights, the court's ongoing jurisdiction over these matters, and the potential for awarding attorney's fees.

Moreover, the bill clarifies the jurisdiction of family courts, stating that "All actions for sibling visitation brought under the provisions of 48-10A-101 et seq. of this code" fall under family court jurisdiction. It modifies existing language by removing references to "the provisions of" for clarity. The bill also delineates the concurrent jurisdiction of family courts with circuit courts in specific cases, such as divorce or annulment actions without child custody or support issues, provided a property settlement agreement is filed. It establishes that circuit court orders regarding child abuse or neglect take precedence over family court orders concerning custodial responsibilities, while emphasizing the limited jurisdiction of family courts and outlining the specific powers and limitations of family court judges.

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