This bill proposes the creation of 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," outlines the procedures for applying for visitation rights, and emphasizes that the best interests of the minor child are the primary consideration in visitation decisions. The legislation includes provisions for appointing a guardian ad litem, factors for the court to consider when determining visitation, and the necessary findings required for granting visitation. It also addresses the jurisdiction of family courts, the impact of divorce or custody proceedings on sibling visitation requests, and the conditions under which visitation may be granted or denied.

Furthermore, the bill modifies existing legal language by removing certain references and clarifying the jurisdictional authority of family courts concerning custodial responsibilities and decision-making for children. It establishes that family courts have concurrent jurisdiction with circuit courts in family law matters, including divorce and domestic violence proceedings, while specifying that family courts are courts of limited jurisdiction. The bill also stipulates that in cases of child abuse or neglect, circuit court orders will take precedence over family court orders regarding custodial responsibilities. Overall, this legislation aims to formalize the process for sibling visitation in West Virginia, ensuring that siblings can maintain their relationships when beneficial for the minor child involved.

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