West Virginia § 48-10-702 - 48-10-702. Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.
Full text of West Virginia West Virginia Code § 48-10-702 — 48-10-702. Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity., with citation guidance and answers to common questions.
§ 48-10-702. 48-10-702. Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.
(a) If a petition is filed pursuant to section 10-402 when the parent through whom the grandparent is related to the grandchild does not: (1) Have custody of the child; (2) share custody of the child; or (3) exercise visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child.
(b) If a petition is filed pursuant to section 10-402, there is a presumption that visitation privileges need not be extended to the grandparent if the parent through whom the grandparent is related to the grandchild has custody of the child, shares custody of the child, or exercises visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose. This presumption may be rebutted by clear and convincing evidence that an award of grandparent visitation is in the best interest of the child.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 48-10-702
What does West Virginia Code § 48-10-702 cover?
Section 48-10-702 ("48-10-702. Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 48-10-702?
A common citation format is "West Virginia Code § 48-10-702" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 48-10-702 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.