West Virginia Code Chapter 48. Domestic Relations § 48-10-701. Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity

(1) The party to the divorce through which the grandparent is related to the minor child has failed to answer or otherwise appear and defend the cause of action; or

(2) The whereabouts of the party through which the grandparent is related to the minor child are unknown to the party bringing the action and to the grandparent who filed the motion for visitation.