West Virginia Divorce ~ Grandparents Rights to Visitation
There are set laws that ensure grandparents will be able to see their grandchildren. Grandparents may get visitation the grandparent's child fails to appear and defend the judgement or when the whereabouts of that parent are unknown to those grandparents seeking visitation. After the annulment or divorce has been filed, a grandparent may request visitation when that grandparent's child is the non-custodial parent and that parent has refused, failed or has been unable to have visitation for six months or longer or has been in the Armed Services and stationed more than 100 miles from the state border.
If their child is deceased a grandparent may also petition for visitation. Visitation for grandparents is also allowed when the child has resided with the grandparent without interruption for a period of six months or more within the previous two year period, the child was removed from the home of the grandparent by the parent, and the removing parent has not allowed the grandparent visitation.
In every case, the decision must be in the child's interest.
Source : West Virginia Code - 48 - 2 - 15