HB 5673
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 in West Virginia to petition circuit and family courts for visitation with their minor child siblings. It creates new sections of law outlining the procedures and considerations for such requests. The court must consider the best interests of the child when deciding whether to grant visitation, taking into account factors like the child’s relationship with the sibling and the potential impact on the existing family relationships. The bill aims to provide a formal process for siblings seeking to maintain connections with their younger siblings.
Key provisions
- Establishes a statutory right for siblings to petition courts for sibling visitation.
- Creates new articles and sections of law (48-10A) specifically addressing sibling visitation.
- Defines key terms related to sibling relationships, such as ‘sibling’ and ‘blood brother or sister.’
- Outlines the factors a court must consider when determining whether to grant visitation, including the child’s best interests and the impact on existing family relationships.
- Specifies that motions for sibling visitation can be filed in either family or circuit court, depending on whether an abuse or neglect proceeding is pending.
- Requires courts to make findings of fact and conclusions of law when ordering or denying sibling visitation.
- Addresses issues like supervised visitation and potential restrictions on visitation.
- Provides for attorney’s fees in sibling visitation cases.
Who is affected
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