(a) Jurisdiction. — 1) Circuit courts and family courts have concurrent subject matter jurisdiction over minor guardianship proceedings, whether involving guardianship of the person or estate of a minor, or both; 2) family court jurisdiction in minor guardianship proceedings is subject to removal under the conditions set forth in Rule 13 of these rules; 3) no guardianship petition may be considered if the child who is the subject of the petition is involved in another court proceeding relating to custody or guardianship or if the petitioner is a parent seeking custodial rights adverse to the other parent; and 4) if the child who is the subject of the petition was previously involved in an abuse and neglect proceeding under W.Va. Code § 49-4-601, et seq., the circuit court that heard that case retains exclusive jurisdiction over any subsequent minor guardianship proceedings, unless one of the exceptions in Rule 6 of the Rules of Procedure for Child Abuse and Neglect Proceedings is applicable.
(b) Venue. — A petition for appointment of a minor guardian shall be filed and heard in the county where the minor has resided for the past six months unless the court finds extraordinary circumstances for a sooner filing; or if the minor is a nonresident of the state, a county in which the minor has an estate. Any subsequent proceedings shall be heard in the county in which the guardian was appointed.
(c) Parties. — In addition to the petitioner, parties to a minor guardianship case shall include the minor or minors on whose behalf the guardianship is sought; every non-petitioner parent, provided his or her rights have not been terminated; and any other person with actual or legal custody of any minor who is a subject of the proceedings.