Grandparent Visitation in Missouri
Article by Kirk C. Stange, Esq.
Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild.
The court may grant reasonable visitation rights to grandparents under the following circumstances:
1. The parents of the child have filed for divorce. Grandparents have the right to intervene solely on the issue of visitation rights. Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights after a divorce.
2. One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;
3. The child has resided in the grandparent?s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;
4. The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child. In that case, the grandparent may cannot file for visitation.
5. The child is adopted by a stepparent, another grandparent or other blood relative.
The court will grant grandparent visitation only if it is in the child?s best interests. A court will deny grandparent visitation if the visits will endanger the child?s physical health or impair the child?s emotional development.
Like with other custody cases, the court may appoint a guardian ad litem to help determine the best interest of the child. A guardian ad litem is an attorney appointed by the court to represent the child. The recommendation of the guardian is often key in these cases.
Whether you are a grandparent who seeks to have visitation with your grandchild, or you are a parent who does not believe that visitation with grandparents would be in your child?s best interests, you should obtain an attorney experienced in the area of grandparent visitation rights to protect your rights.
Disclaimer: The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing in this article is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction.
About the Author
Kirk Stange is a partner at Stange Law Firm, LLC. You can find out more information by going to: Divorce & Family Law Attorneys | St. Louis, St. Charles & Jefferson County, Missouri or Fathers Rights | St. Louis, St. Charles and Jefferson County, Missouri
Posted by Dan on Saturday, August 6, 2011 at 4:29 am?
Filed under Grandparenting ? Tagged with Best Interest, Circumstances, Custody Cases, Divorce Decree, Emotional Development, Grandparent, Grandparent Rights, Grandparent Visitation, Grandparents, Guardian Ad Litem, Limited, Missouri, Missouri Law, Natural Parents, Petition, Physical Health, Stange, Stepparent, VISITATION, Visitation Rights
Source: http://www.theyellowads.com/home_family/grandparent-visitation-in-missouri
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