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HB 5673

Creating a statutory right to petition circuit and family courts for sibling visitation

2026 Regular Session Introduced by John Williams

HB 5673 creates a statutory pathway for an adult sibling to petition for visitation with a minor, prioritizing the child’s best interests.

To House Judiciary
#domesticrelations #juveniles
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WeVote Research Nonpartisan
Bill Summary · HB 5673

Summary of HB 5673 (2026) – West Virginia: Statutory Right to Petition for Sibling Visitation

Purpose and intent

  • Creates a statutory right for siblings to petition circuit courts or family courts for visitation with minor children.
  • Emphasizes that the best interests of the minor child are the paramount consideration in all sibling visitation decisions.
  • Establishes that the sibling visitation provisions are exclusive to the new article (Article 10A) on sibling visitation.

Key provisions and changes

  • §48-10A-101 to §48-10A-1201 establish a comprehensive framework for sibling visitation, including definitions, procedures, and remedies.
  • Definitions:
    • “Child”: under 18, not married or emancipated.
    • “Sibling”: a 18-year-old sibling (blood, half, step, or adoptive) who petitions for visitation.
    • Ancillary definitions clarify relationships (blood, half, step, adoptive) and related terms.
  • Applicability and filing:
    • §48-10A-301: A sibling residing in the state may petition the circuit court or family court where the minor resides for an order granting visitation.
    • Distinguishes procedures when an action for divorce, custody, etc., is pending vs. when it is not pending.
    • Venue and standing: sibling may file by motion or petition; may be heard in family court or circuit court depending on circumstances (e.g., abuse/neglect proceedings may shift to circuit court).
  • Court process and role:
    • §48-10A-401 and §48-10A-402 outline whether a sibling seeks visitation in pending actions or in standalone petitions.
    • §48-10A-403 allows appointment of a guardian ad litem for the minor child when considering visitation.
    • §48-10A-501 and §48-10A-502 set forth necessary findings and the factors the court must consider to grant visitation.
  • Factors for determining visitation:
    • Age of the minor.
    • Relationship between the minor and the sibling, and between parents and the sibling.
    • Time since last contact, potential impact on parent-child relationships, and existing custody arrangements.
    • Sibling’s good faith, history of abuse or neglect, prior caregiving, and parental preferences.
    • Other factors relevant to the child’s best interests.
  • Safeguards and procedures:
    • §48-10A-601: Courts may interview the minor child in chambers regarding wishes/concerns.
    • §48-10A-602: Prohibits obtaining or relying on written/ recorded statements from the child about visitation and bars calling the child as a witness.
    • §48-10A-801 and §48-10A-802 allow for written findings and may include supervised visitation or conditions on visitation.
  • Standards of proof:
    • §48-10A-701 and §48-10A-702 specify the standard of proof (preponderance of the evidence) for granting visitation in both pending and non-pending divorce/custody contexts, with presumptions in some situations that can be rebutted by clear and convincing evidence.
  • Duration and modification:
    • §48-10A-1001: Courts retain continuing jurisdiction through the minority to modify or terminate visitation as needed.
    • §48-10A-1002: Termination upon material violation of visitation terms by the sibling, upon petition and preponderance evidence.
  • Fees and penalties:
    • §48-10A-1101: Courts may award reasonable attorney’s fees and costs based on equities.
    • §48-10A-1201: Creates a misdemeanor offense for allowing contact between a minor and a person precluded from visitation; penalties include up to 30 days in jail or fines between $100 and $1,000.

Who is affected

  • Siblings aged 18 or older seeking visitation with minor children.
  • Minor children who would be subject to visitation orders.
  • Parents and guardians involved in the child’s life and custody arrangements.
  • Courts (family and circuit) handling domestic relations matters, including guardians ad litem and potential abuse/neglect proceedings.

Procedural and timeline notes

  • Introduces a new article (Chapter 48, Article 10A) governing sibling visitation.
  • Specifies distinct paths depending on whether related parental actions (divorce, custody, etc.) are pending.
  • Provides timelines and standards for motions and petitions, hearings, and potential modification or termination of orders.
  • Imposes procedural safeguards around interviewing minors and prohibits certain types of testimony or written statements from minors.

Overall, HB 5673 formalizes a statutory route for siblings to seek visitation with minor children, codifying the factors, procedures, protections for minors, and remedies to ensure decisions serve the child’s best interests.

Compiled from official sources — confirm details with the bill’s official record.

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