Grandparent Visitation Rights

Grandparents are legally allowed to visit their grandchildren unless a court specifically prohibits them from doing so. In some cases, grandparents can be given full custody if the parents are determined to be unfit. Unfortunately, divorce can create complex problems for grandparents who want to maintain a relationship with their grandchildren. If the child of the grandparent is denied primary custody, the custodial parent may refuse or severely limit the grandparent’s access to the child.

Under RSMo 452.403, the Missouri Supreme Court lists the visitation rights of grandparents in this state. They are allowed to sue for visitation, but only under certain conditions. The purpose of these laws is to protect the child’s psychological benefit of having a relationship with their grandparent(s).

In Missouri, grandparents can sue for reasonable visitation as long as it does not intrude too much on the family. This only applies to biological grandparents. The requirements are as follows:

• The child’s parents must be married and file for legal separation for divorce in Missouri
• If one parent dies and the surviving parent refuses visitation
• The child’s parents are unwed and the grandparent is denied reasonable visitation
• If the child has lived with their grandparents for at least 6 months prior to filing for visitation rights
• If the child was adopted by a step-parent or another blood relative

In order to obtain legal visitation, the burden of proof lies with the grandparents. They must provide evidence showing visitation with the child is in the child’s best interest. If that is contested by the child’s parent, the court will conduct an investigation to determine if it is in the child’s well-being to have visitation with grandparents or not. If it is proven to be in the child’s best interest, the following will be considered when determining visitation rights:

• The child’s age
• How visitation effects the child’s physical & mental health
• The physical & psychological health of the parties involved, as well as their criminal history
• The existing level of relationship between the grandparent and grandchild

Sometimes, the court will consider the child’s wishes and how well the parents and grandparents meet the child’s needs. If the court finds that is in the best interests of the child for the grandparents to have visitation rights, they will rule in their favor. However, they can impose reasonable limitations.

If you are a grandparent interested in pursuing a case for visitation rights, contact Finder Law, LLC today and speak with Daniel Finder. He has over 10 years of experience in family law & he will be able to help you determine what course of action would be best to achieve your goals.

Call us today to schedule a consultation.