Petition of Nearhoof
Petition of Nearhoof, 178 W.Va. 359, 359 S.E.2d 587 (1987) the Nearhoof Court recognized that Virginia Code 48-2B-1 (1980) "changed the common law rule in West Virginia as to the right of grandparents' visitation." 178 W.Va. at 362, 359 S.E.2d at 590.
In Nearhoof, the Court encountered the issue of whether the grandparent visitation act, as written at that time, conflicted with the adoption statutes.
The Nearhoof Court found that the principles expressed in the adoption and visitation statutes were not at variance with one another and, in so holding, observed that "had the legislature intended the adoption statute to limit the statute providing for grandparents' visitation, the statutes could have reflected that intention." 178 W.Va. at 364, 359 S.E.2d at 592.