Grandparent Rights

At Our Firm, You Aren’t Alone


At Our Firm, You Aren’t Alone


Grandparent Rights

In certain circumstances, grandparents in West Virginia may be able to obtain guardianship of their grandchildren or may be entitled to visitation with their grandchildren. McPhail Law can assist you in preparing your case to demonstrate that an order for guardianship is in the best interest of the child and is warranted under the West Virginia Code. We can also assist you in or provide a compelling justification for your grandparent visitation rights.

Grandparent Visitation

You may have had significant involvement in your grandchild’s life, and now, because of a divorce, death, incarceration or other reason, you’re unable to see your grandchild. A grandparent may petition the court for visitation with a minor grandchild who resides in West Virginia.


There are different requirements for the grandparents depending on whether or not an action for divorce, custody or establishing paternity is already pending. The court considers many factors when making a determination as to grandparent visitation; however, the best interests of the grandchildren are the paramount consideration.

Grandparent Guardianship

Our office can assist you in legal guardianship court proceedings. Our office has experience in these difficult proceedings helping numerous clients navigate the court process in obtaining guardianship of a grandchild in their care or in the care of another individual. In these types of instances, it is best to contact us prior to any potential emergency situation arising so that we can properly prepare you in the event that an emergency situation does, in fact, take place.


At McPhail Law, our attorneys are experienced in assisting grandparents to protect their rights concerning their grandchildren residing in West Virginia. You should have an experienced family law attorney on your side. From our office in Wheeling, West Virginia, we can guide you through every step of your case.


If you would like to learn more, call (304) 905-9783 to schedule a consultation or send us an email.

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