Gone are the days when it was simply expected that children would be raised in traditional nuclear families. In today’s world, it is quite common for children to be raised not only in single-parent households but also by their grandparents. In fact, according to the U.S. Census Bureau, 2.7 million grandparents had grandchildren under 18 living with them in 2010. However, even when grandparents are the primary caregivers to grandchildren, they often have limited rights to custody and visitation in many states. Similarly, grandparents routinely have to deal with limited access to grandchildren if their child gets divorced and is not granted custody of the grandchildren, especially if the other custodial parent makes it difficult for the grandparents to see the grandchildren.
Fortunately, in Missouri, some laws protect grandparents’ visitation rights. However, the fact remains that there are no natural visitation rights available to grandparents. It requires a court order. Therefore, if grandparents want to ensure they have the right to see their grandkids, they must know the steps involved in pursuing the matter in court.
Grandparent Rights in Missouri
Under Missouri law, a grandparent may seek visitation rights with a grandchild in a variety of circumstances, including:
- When the child in question has lived with his or her grandparent for at least six months within the 24 months before the grandparent files a petition seeking visitation
- When a grandparent has been “unreasonably denied” visitation with the child for more than 90 days, unless the parents of the child are still married and living with the child, in which case the grandparent cannot file a petition for visitation
- When the parents of the child file for divorce, a grandparent can intervene for the sole purpose of seeking visitation rights
- When one parent of the child dies, and the other parent denies the grandparent “reasonable visitation,” a grandparent can seek visitation rights from the court
Interestingly, under Missouri law, it is not a prerequisite for the parents of a child to be married for grandparents to petition for visitation rights. For instance, grandparents can still seek visitation if their son – the putative father of the child – is not married to the child’s mother or has never developed a relationship with the child. It is important to note, however, that grandparents do not have an automatic right to grandchild visitation – unlike noncustodial parents. For instance, grandparents must proactively seek intervention, and they bear the burden of proving that granting them visitation rights is in the grandchild’s best interests. Consequently, if you are a grandparent and are currently seeking to establish visitation rights with your grandchild, it is often advisable to speak with an experienced grandparent rights attorney to learn what your rights and options may be given your circumstances.
Filing an Affidavit
When filing a petition for visitation rights, a grandparent must include a signed, written affidavit. In this affidavit, a grandparent must explain why visitation must be ordered to prevent harm to the child or children. The one signing the affidavit must also describe how often he or she contacts his or her grandkids and state why the current level of contact is unsatisfactory. Finally, a grandparent must put in the affidavit a description of his or her current relationship with the grandchild.
What Courts in Every State Consider
While it is desirable for the grandparent to have an important relationship with the child, it is not necessary for the court to grant visitation rights. The main things that the grandparent must show at a hearing are that the grandchild’s welfare or health will be harmed without being able to see him or her, and that visitation rights are in the best interest of the child in question.
What Courts in Missouri Consider
In a few states, the constitutionality of statutes that allow grandparent visitation rights has fallen into question. As a result, several states have recently revised their visitation statutes. In Missouri, a couple of specific provisions apply statewide. Unless granted to a blood relative, another grandparent, or a stepparent, grandparents’ visitation rights are cut off when the child is adopted. If a grandparent has been unreasonably denied visitation for at least 91 days, they may also be awarded visitation rights. Finally, if the child’s parents have filed for divorce, grandparents may be granted visitation rights.
If someone in Missouri is having difficulty securing visitation rights with his or her grandchildren, it can be frustrating when the child’s parents are obstinate. Under the right circumstances, it is, however, possible for grandparents to get the time they want with their grandkids.
An attorney in the local area experienced in grandparent visitation may be able to help secure visitation rights. Contact us online or at 855-805-0595 if you are interested in setting a consultation.
