When it comes to divorce and custody cases, grandparents often find themselves in a difficult position. They want to remain a part of their grandchildren’s lives but may be unsure if they have any legal rights to do so. In Missouri, there are provisions for grandparents’ rights, but they are not automatic or guaranteed. In this article, we will look at the legal aspects of grandparents’ rights in Missouri divorce and custody cases.
Missouri Law on Grandparents’ Rights
In Missouri, grandparents’ rights are governed by Section 452.402 of the Missouri Revised Statutes. Under this section, grandparents may petition the court for visitation rights with their grandchildren. However, the court will only grant these rights if it is in the best interest of the child.
When Can Grandparents Petition for Visitation Rights?
Grandparents may petition for visitation rights if:
- The parents of the child are divorced or have filed for divorce;
- One parent is deceased;
- The child has resided with the grandparent for at least six months;
- The child is adopted by a stepparent; or
- The child has been placed in the custody of someone other than the parent, such as the Department of Social Services.
If none of these conditions apply, grandparents may not petition for visitation rights.
What Factors Does the Court Consider When Deciding Whether to Grant Visitation Rights?
The court will consider the following factors when deciding whether grandparents should be granted visitation rights:
- The relationship between the child and the grandparent;
- The child’s best interests;
- The child’s wishes if they are old enough to express them;
- The parents’ reasons for denying visitation; and
- Any history of abuse or neglect.
The court will also consider any other factors it deems relevant to the case.
How to Petition for Visitation Rights
If a grandparent wishes to petition for visitation rights, they must file a petition with the court in the county where the child resides. The petition must provide the following information:
- The names and addresses of the grandparent, the child, and the child’s parents (if living);
- The nature of the relationship between the grandparent and the child;
- The grandparent’s basis for requesting visitation;
- The amount of time being requested for visitation; and
- Any other relevant information.
The grandparent must also serve a copy of the petition on the child’s parents (if living) or the person who has custody of the child.
What Happens After Filing a Petition?
After filing a petition, the court will schedule a hearing where the grandparent, the parents (if living), and any other relevant parties can present evidence. The court will then make a decision based on the best interests of the child.
If the court grants visitation rights, it will specify the amount of time and the conditions under which the visitation may take place. If the court denies visitation, the grandparent may appeal the decision.
Conclusion
Grandparents can play an important role in their grandchildren’s lives, but they may face obstacles when seeking visitation rights during a divorce or custody case. If you are a grandparent who wishes to petition for visitation rights, it is important to understand Missouri’s laws and procedures. An experienced family law attorney can help you navigate this complex process and represent your interests in court.