HB 3478
Creating a statutory right to petition circuit and family courts for sibling visitation
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a legal right for siblings to petition circuit and family courts in West Virginia to request visitation with their minor child siblings. The legislation aims to ensure that courts can consider sibling visitation requests when appropriate, particularly when it’s in the best interest of the child. It creates new sections of code outlining the procedures and factors courts should consider when evaluating such requests. The bill also clarifies definitions related to siblings and visitation.
Key provisions
- Creates a statutory right for siblings to petition courts for sibling visitation.
- Establishes new articles and sections of code (48-10A) specifically addressing sibling visitation.
- Defines terms like ‘sibling’ and ‘child’ for the purposes of the legislation.
- Outlines the process for filing motions and petitions for sibling visitation, including venue and potential for witness status.
- Specifies factors courts must consider when determining whether to grant sibling visitation, such as the child’s best interests and the impact on the parent-child relationship.
- Addresses situations where divorce or custody actions are pending, detailing how sibling visitation requests should be handled.
- Includes provisions for guardian ad litems and supervised visitation if deemed necessary.
- Details penalties for knowingly interfering with court-ordered sibling visitation.
Who is affected
- Minor children
- Siblings of minor children
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