WV SB79 | 2021 | Regular Session


Spectrum: Bipartisan Bill
Status: Engrossed on February 24 2021 - 50% progression
Action: 2021-02-24 - Ordered to House
Text: Latest bill text (Comm Sub) [HTML]


style='font-size:10.0pt;color:windowtext'>The purpose of this bill is to provide a fair mechanism, that comports with due process, for the adjudication of requests for relocation of a parent with a child. The bill eliminates the following presumption in favor of relocation which was recognized in Syllabus Point 2 of Stacey J. v. Henry A., 842 S.E.2d 703 (2020), and Syllabus Point 3 of Nicole L. v. Steven W., 241 W.Va. 466, 825 S.E.2d 794 (2019):Â “Pursuant to West Virginia Code § 48-9-403(d)(1), if a parent who is exercising a significant majority of the custodial responsibility for a child proves that a proposed relocation is in good faith for a legitimate purpose, the location of the proposed move will be presumed to be reasonable. To overcome this presumption, the opposing parent must prove that the purpose of the move is substantially achievable without moving or by moving to a location that is substantially less disruptive of the opposing parent’s relationship to the child.”

Tracking Information

Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.


Providing fair mechanism for adjudication of requests for relocation of parent with child


Roll Calls

2021-02-24 - Senate - Passed Senate with amended title (Roll No. 30) (Y: 34 N: 0 NV: 0 Abs: 0) [PASS]


2021-02-24SenateOrdered to House
2021-02-24SenatePassed Senate with amended title (Roll No. 30)
2021-02-24SenateRead 3rd time
2021-02-24SenateOn 3rd reading
2021-02-23SenateRead 2nd time
2021-02-23SenateOn 2nd reading
2021-02-22SenateRead 1st time
2021-02-22SenateOn 1st reading
2021-02-19SenateCommittee substitute reported
2021-02-10SenateTo Judiciary
2021-02-10SenateIntroduced in Senate
2021-02-10SenateTo Judiciary
2021-02-10SenateFiled for introduction


Code Citations

ChapterArticleSectionCitation TypeStatute Text
489403Amended CodeCitation Text

West Virginia State Sources

Bill Comments