Grandparents can be crucial in a child’s life, providing stability, care, and a connection to family history. However, when conflicts arise with a parent, grandparents may find themselves in the dark about their legal rights. In Missouri, grandparents can petition for visitation rights or intervene in child custody cases. This right is not unlimited and must be exercised in the child’s best interest.

About Stange Law Firm

Stange Law Firm has been a family law-only firm since 2007. St. Charles attorneys at Stange Law Firm are well-versed in the rules and procedures of the 11th Judicial Circuit Family Court and the St. Charles County Circuit Court, and we frequently work with grandparents seeking visitation or intervention, or who just need advice on how adoption and custody orders impact their rights.

Grandparents’ Rights Under the Law

Under Missouri law, grandparents can seek court-ordered reasonable visitation when a grandchild’s access has been unreasonably restricted over time or when there is an active custody or divorce case. Under RSMo § 452.402, a court may award reasonable visitation to grandparents when the parents have unreasonably denied contact and the required conditions have been met.

Visitation is not automatic under the statute, and the court will closely scrutinize the visitation request to ensure that it is in the child’s best interests and that neither parent’s rights nor the child’s welfare would be harmed.

Who Can File and When

Grandparents are an important part of most children’s lives. According to one statistic, in Missouri, 29,452 grandparents are responsible for their grandchildren. There are 133,924 children living in homes where a relative is considered the head of household, and 33,000 of these children are being raised by relatives without their biological parents present.  

Grandparents are generally permitted to intervene in a pending custody or divorce proceeding to request visitation and may also file a separate petition for visitation where contact has been unreasonably denied.

The court requires detailed factual evidence, usually in the form of an affidavit, demonstrating the grandparent’s past contact with the child and explaining why that contact has become inadequate and how continued visitation would prevent harm to the child. The statute’s focus on a timely and reasonable request counsels grandparents to seek visitation early if they are concerned about losing contact.

Factors That Help Provide a Favorable Outcome

While not every grandparent is awarded visitation through the court, there are some situations that are more likely to receive a favorable outcome for the grandparent. These situations include:

  • The grandparent had a previous beneficial relationship with the child
  • Visitation was denied in an unreasonable capacity
  • The child is believed to suffer emotionally, mentally, and/or developmentally if visitation ceases
  • One parent has contributed to the interference in the relationship between the parent and child. 

Clear evidence supporting these claims, such as photographs and messages, can help establish that a prior relationship took place and that continued denial would be harmful to the child. 

Important Exceptions

Grandparent visitation rights are terminated by adoption or if the court determines that visitation would endanger the child’s physical health or emotional development. A grandparent’s ability to seek court-ordered visitation may be significantly limited after the child has been adopted. 

Similarly, visitation may be denied or limited/supervised if there are safety concerns with the grandparent, such as a history of abuse or neglect. The law always recognizes parents’ constitutional right to raise their children, so courts are cautious about third-party visitation requests.

Steps Grandparents Can Take

Grandparents concerned about losing contact in St. Charles County must document their contact history with dates and photos while preserving evidence of both successful and blocked contact attempts, and should make every effort to amicably resolve disputes with the parents when it is safe to do so.

If necessary, contact a St. Charles family law attorney to discuss potential remedies, including intervening in an existing action or initiating a petition for visitation. An attorney can assist in drafting the required affidavit and present clear and convincing evidence to the court. 

Family matters are processed through the St. Charles County Family Court, which is part of the 11th Judicial Circuit, and procedural requirements differ across courts, making local legal representation advantageous.

FAQs

Q: Do Grandparents Have Visitation Rights in Missouri?

A: Yes, under Missouri law, grandparents have visitation rights. Grandparents may make a request for visitation if they have been denied access for at least 90 days or if the parents are divorcing. Visitation orders are conditional on court findings that such arrangements serve the child’s best interests while maintaining the parent-child relationship.

Q: What Factors Are Considered in Grandparents’ Visitation Cases?

A: Courts may take into consideration the age of the child, the child’s emotional ties to the grandparent, the child’s psychological well-being, and the reason for the denial of visitation. Judges will also take into account any detriment visitation would cause to the parent–child relationship and any other possible danger to the child’s welfare. In all cases, the best interests of the child are the most important factor.

Q: Can Grandparents Get Custody of Their Grandchildren in Missouri?

A: Yes, grandparents can get custody of their grandchildren in Missouri, but this occurs in very specific circumstances. Grandparents may also file for custody in cases where both parents have died, are unfit, or both have given up their rights. Missouri courts maintain the best-interest-of-the-child standard and require clear and convincing proof that grandparents can provide a safer, more stable environment for the child.

Q: Can a Parent Stop a Grandparent From Seeing Their Grandchild?

A: Parents have a right to determine who their children should associate with. When a parent unreasonably refuses visitation and the child’s emotional or psychological well-being would be promoted by the continuation of the grandparent relationship, the court may, in its discretion, set aside the parent’s decision and order limited, supervised visitation.

Contact Stange Law Firm Today

If you are a grandparent seeking visitation or custody of your grandchildren, Stange Law Firm can look at the facts of your case and help you fight for an outcome that benefits the child. We understand the law and can help you understand your rights. Contact us today for more information.