West Virginia § 53-8-3 - 53-8-3. Who may file; exclusivity; applicability of article.
Full text of West Virginia West Virginia Code § 53-8-3 — 53-8-3. Who may file; exclusivity; applicability of article., with citation guidance and answers to common questions.
§ 53-8-3. 53-8-3. Who may file; exclusivity; applicability of article.
(a) Who may file a petition. -- A petition for relief under this article may be filed by:
(1) A person seeking relief under this article for herself or himself; or
(2) A parent, guardian or custodian on the behalf of a minor child or an incapacitated adult.
(b) Other remedies generally not precluded. -- By proceeding under this article, a petitioner is not limited to or precluded from pursuing any other legal remedy.
(c) Circumstances where article is inapplicable. -- This article does not apply to a petitioner who is a person eligible for relief under article twenty-seven, chapter forty-eight of this code.
(d) Right to file. –- No person may be refused the right to file a petition under the provisions of this article. No person may be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 53-8-3
What does West Virginia Code § 53-8-3 cover?
Section 53-8-3 ("53-8-3. Who may file; exclusivity; applicability of article.") 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 § 53-8-3?
A common citation format is "West Virginia Code § 53-8-3" (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 § 53-8-3 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.