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Related: Grandparent Visitation Schedule Co-Parenting in Missouri

What Rights Grandparents Have in Missouri

Missouri recognizes the importance of grandparents in children's lives, offering avenues for visitation and, under specific circumstances, even custody. Here are some key legal codes to know:

• Revised Statutes of Missouri, Section 452.402: This statute grants grandparents visitation rights when certain situations arise.  These situations include:
  • The parents of the child have initiated the dissolution of their marriage. A grandparent maintains the right to intervene in any dissolution action, focusing solely on the matter of visitation rights. Grandparents also retain the right to file a motion to modify the original decree of dissolution to seek visitation rights if denied visitation.
  • One parent of the child is deceased, and the surviving parent denies reasonable visitation to a parent of the deceased parent of the child.
  • The child has resided in the grandparent's home for at least six months within the twenty-four-month period immediately preceding the filing of the petition.
  • A grandparent is unreasonably denied visitation with the child for a period exceeding ninety days. However, if the natural parents are legally married to each other and are cohabitating with the child, a grandparent may not file for visitation pursuant to this subdivision.

 

• De Facto Parenthood: In exceptional cases, Missouri also recognizes de facto parenthood, where grandparents who have assumed a primary caregiver role for a significant period may be granted custody or increased visitation rights. 

 

Can Missouri Grandparents Get Custody of Their Grandchildren?

In special circumstances, Missouri law acknowledges the crucial role grandparents can play as primary caregivers. Here's when grandparents might seek custody:

• Parental unfitness: Neglect, abuse, or circumstances deemed harmful to the child's well-being can open the door to custody for grandparents.
• Child in Foster Care: Grandparents can play a critical role in providing stability and support to children in foster care, potentially leading to custody arrangements.

 

How Does Court Decide on Grandparents' Rights in Missouri?

The court assesses whether grandparent visitation would serve the child's best interest and ensures it does not jeopardize the child's physical health or emotional well-being. Visitation is only ordered when deemed in the child's best interest, except when the parents are legally married and living together, creating a rebuttable presumption that they know what is best for the child. The court has the authority to impose reasonable conditions or restrictions on grandparent visitation. Additionally, the court may appoint a guardian ad litem, who is an attorney licensed to practice law in Missouri, to represent the child's interests in grandparent visitation proceedings. A home study may be ordered to aid in determining the child's best interests, and the court may consult with the child to understand their preferences. The right to maintain grandparent visitation may end upon the child's adoption, and the court has the discretion to award reasonable attorneys' fees and expenses to the prevailing party. Ref: 452.390

 

Tips for Successfully Securing Grandparents' Rights in Missouri

Remember, these legal pathways are complex and require careful consideration. Here are some essential tips:

• Gather Evidence: Document your relationship with the grandchild through photos, letters, school records, and witness testimonies.
• Seek Legal Guidance: Consulting a family law attorney specializing in Missouri grandparents' rights is crucial to understand your options and protect your rights.
• Prioritize the Child's Best Interests: Every decision should be made with the child's well-being at the forefront.

 

Resources for Missouri Grandparents

• Missouri Courts website: https://www.courts.mo.gov/
• Missouri Bar Family Law Section: https://mobar.org/Search

 

Grandparents' Rights By State

• Arizona
• California
• Florida
• Georgia
• Illinois
• Indiana
• Massachusetts
• Michigan
• New Jersey
• New York
• North Carolina
• Ohio
• Pennsylvania
• Tennessee
• Texas
• Virginia
• Washington

Warning:  This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.