Missouri Law on Grandparent Visitation with Children

In Missouri a Court may grant reasonable visitation rights to a child’s grandparents.  Grandparents have the right to intervene in divorce case for the reasonable visitation with a grandchild.  

Perhaps more common is the case where one parent dies and the child’s surviving parent denies reasonable visitation to the deceased parent’s mother or father.  The deceased parent’s mother or father may petition the court for an order for some reasonable amount of visitation with the child.  This scenario applies even if the child’s parents were married at the time the deceased parent died.

Another situation where a grandparent may petition for reasonable visitation with a grandchild is where the grandchild resided with his grandparents for six continuous months during the 24 month period immediately preceding the grandparent filing the petition.

Also, a court may grant a grandparent reasonable visitation with a grandchild in cases where a grandparent has been denied reasonable visitation with a grandchild for more than 90 days and where granting such reasonable visitation is in the best interest of the child. 

However, there is one caveat to any grandparent seeking reasonable visitation with a grandchild, if the child’s natural parents are still legally married and living together with the child as a family, a court may not intervene by granting grandparent visitation unless a court finds that the parents are somehow unfit, unsuitable or unable to be the child’s custodians or that the child’s welfare and best interest requires that the grandparents be allowed visitation or custody.

Ultimately, there are no guarantees that a grandparent will be allowed visitation with a grandchild.  The law clearly defines that some claim to reasonable visitation exists, but it is clear that in most circumstances the parents rights to custody and control of the child will trump the grandparents claim.  The laws and supporting cases dictate that a judge may grant visitation, not that a judge must or shall grant visitation.  The facts of each specific case must be interpreted.

This is just a brief summary of the child custody law as it applies to grandparents in Missouri.  It is not intended to be legal advice.  Each case is unique and it is best to consult a Missouri attorney to find out how the law should apply to any particular case.

About the Author

Todd Marler is a partner in the lawfirm Borengasser & Marler. Todd’s practice has expanded to litigation, estate planning and business law practice emphasizing divorce, child support and family law, criminal law, personal injuries, wrongful death, insurance claims, business law and business litigation, construction law, and wills and estate planning in Missouri. Visit St. Charles Divorce Attorneys to learn more.

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