Grandparent's visitation rights granted, when, terminated,when--guardian ad litem appointed, when--attorney fees and costsassessed, when.
452.402. 1. The court may grant reasonable visitation rights to thegrandparents of the child and issue any necessary orders to enforce thedecree. The court may grant grandparent visitation when:
(1) The parents of the child have filed for a dissolution of theirmarriage. A grandparent shall have the right to intervene in anydissolution action solely on the issue of visitation rights. Grandparentsshall also have the right to file a motion to modify the original decree ofdissolution to seek visitation rights when visitation has been denied tothem; or
(2) One parent of the child is deceased and the surviving parentdenies reasonable visitation to a parent of the deceased parent of thechild; or
(3) The child has resided in the grandparent's home for at least sixmonths within the twenty-four month period immediately preceding the filingof the petition; and
(4) A grandparent is unreasonably denied visitation with the childfor a period exceeding ninety days. However, if the natural parents arelegally married to each other and are living together with the child, agrandparent may not file for visitation pursuant to this subdivision.
2. The court shall determine if the visitation by the grandparentwould be in the child's best interest or if it would endanger the child'sphysical health or impair the child's emotional development. Visitationmay only be ordered when the court finds such visitation to be in the bestinterests of the child. However, when the parents of the child are legallymarried to each other and are living together with the child, it shall be arebuttable presumption that such parents know what is in the best interestof the child. The court may order reasonable conditions or restrictions ongrandparent visitation.
3. If the court finds it to be in the best interests of the child,the court may appoint a guardian ad litem for the child. The guardian adlitem shall be an attorney licensed to practice law in Missouri. Theguardian ad litem may, for the purpose of determining the question ofgrandparent visitation rights, participate in the proceedings as if suchguardian ad litem were a party. The court shall enter judgment allowing areasonable fee to the guardian ad litem.
4. A home study, as described by section 452.390, may be ordered bythe court to assist in determining the best interests of the child.
5. The court may, in its discretion, consult with the child regardingthe child's wishes in determining the best interest of the child.
6. The right of a grandparent to maintain visitation rights pursuantto this section may terminate upon the adoption of the child.
7. The court may award reasonable attorneys fees and expenses to theprevailing party.
(1990) Although father of child born out of wedlock did not acknowledge paternity, pay support or otherwise establish a relationship with the child, parent of father could seek grandparent's visitation under statute. In the Matter of C.E.R., 796 S.W.2d 423 (Mo.App.S.D.).
(1993) Statute granting grandparent's visitation rights held to be constitutional. Herndon v. Tuhey, No. 75184, Mo. S. Ct., June 29, 1993.
(1993) Although parents have constitutional right to make decisions affecting family, statute is constitutional as court considers magnitude of infringement by state as significant factor and whether there is substantial infringement by state on family relationship. Statute granting grandparents right to petition court for visitation with grandchildren is reasonable both because it contemplates only minimal intrusion on family relationship and because it is narrowly tailored to adequately protect interests of parents and children. Herndon v. Tuhey, 857 S.W.2d 203 (Mo.banc).
(2000) Award of grandparent visitation to child's maternal step-grandparents not authorized pursuant to statute governing grandparent visitation rights. Hampton v. Hampton, 17 S.W.3d 599 (Mo.App.W.D.).
(2002) Section, as enacted prior to 2002 amendment in SB 923, et al., is constitutional under the standard enunciated in Troxel v. Granville, 520 U.S. 57 (2000). Blakely v. Blakely, 83 S.W.3d 537 (Mo.banc).
(2003) Section requires that ninety-day period occurs prior to entry of visitation order and not prior to filing of petition. Barker v. Barker, 98 S.W.3d 532 (Mo.banc).
(2004) Where prior dissolution judgment includes custody and visitation provisions allocating parental time and responsibilities, grandparent is limited to seeking visitation with grandchild through motion to modify dissolution decree rather than independent petition. Tompkins v. Ford, 135 S.W.3d 508 (Mo.App.W.D.).
Grandparent's visitation rights granted, when, terminated,when--guardian ad litem appointed, when--attorney fees and costsassessed, when.
452.402. 1. The court may grant reasonable visitation rights to thegrandparents of the child and issue any necessary orders to enforce thedecree. The court may grant grandparent visitation when:
(1) The parents of the child have filed for a dissolution of theirmarriage. A grandparent shall have the right to intervene in anydissolution action solely on the issue of visitation rights. Grandparentsshall also have the right to file a motion to modify the original decree ofdissolution to seek visitation rights when visitation has been denied tothem; or
(2) One parent of the child is deceased and the surviving parentdenies reasonable visitation to a parent of the deceased parent of thechild; or
(3) The child has resided in the grandparent's home for at least sixmonths within the twenty-four month period immediately preceding the filingof the petition; and
(4) A grandparent is unreasonably denied visitation with the childfor a period exceeding ninety days. However, if the natural parents arelegally married to each other and are living together with the child, agrandparent may not file for visitation pursuant to this subdivision.
2. The court shall determine if the visitation by the grandparentwould be in the child's best interest or if it would endanger the child'sphysical health or impair the child's emotional development. Visitationmay only be ordered when the court finds such visitation to be in the bestinterests of the child. However, when the parents of the child are legallymarried to each other and are living together with the child, it shall be arebuttable presumption that such parents know what is in the best interestof the child. The court may order reasonable conditions or restrictions ongrandparent visitation.
3. If the court finds it to be in the best interests of the child,the court may appoint a guardian ad litem for the child. The guardian adlitem shall be an attorney licensed to practice law in Missouri. Theguardian ad litem may, for the purpose of determining the question ofgrandparent visitation rights, participate in the proceedings as if suchguardian ad litem were a party. The court shall enter judgment allowing areasonable fee to the guardian ad litem.
4. A home study, as described by section 452.390, may be ordered bythe court to assist in determining the best interests of the child.
5. The court may, in its discretion, consult with the child regardingthe child's wishes in determining the best interest of the child.
6. The right of a grandparent to maintain visitation rights pursuantto this section may terminate upon the adoption of the child.
7. The court may award reasonable attorneys fees and expenses to theprevailing party.
(1990) Although father of child born out of wedlock did not acknowledge paternity, pay support or otherwise establish a relationship with the child, parent of father could seek grandparent's visitation under statute. In the Matter of C.E.R., 796 S.W.2d 423 (Mo.App.S.D.).
(1993) Statute granting grandparent's visitation rights held to be constitutional. Herndon v. Tuhey, No. 75184, Mo. S. Ct., June 29, 1993.
(1993) Although parents have constitutional right to make decisions affecting family, statute is constitutional as court considers magnitude of infringement by state as significant factor and whether there is substantial infringement by state on family relationship. Statute granting grandparents right to petition court for visitation with grandchildren is reasonable both because it contemplates only minimal intrusion on family relationship and because it is narrowly tailored to adequately protect interests of parents and children. Herndon v. Tuhey, 857 S.W.2d 203 (Mo.banc).
(2000) Award of grandparent visitation to child's maternal step-grandparents not authorized pursuant to statute governing grandparent visitation rights. Hampton v. Hampton, 17 S.W.3d 599 (Mo.App.W.D.).
(2002) Section, as enacted prior to 2002 amendment in SB 923, et al., is constitutional under the standard enunciated in Troxel v. Granville, 520 U.S. 57 (2000). Blakely v. Blakely, 83 S.W.3d 537 (Mo.banc).
(2003) Section requires that ninety-day period occurs prior to entry of visitation order and not prior to filing of petition. Barker v. Barker, 98 S.W.3d 532 (Mo.banc).
(2004) Where prior dissolution judgment includes custody and visitation provisions allocating parental time and responsibilities, grandparent is limited to seeking visitation with grandchild through motion to modify dissolution decree rather than independent petition. Tompkins v. Ford, 135 S.W.3d 508 (Mo.App.W.D.).
Grandparent's visitation rights granted, when, terminated,when--guardian ad litem appointed, when--attorney fees and costsassessed, when.
452.402. 1. The court may grant reasonable visitation rights to thegrandparents of the child and issue any necessary orders to enforce thedecree. The court may grant grandparent visitation when:
(1) The parents of the child have filed for a dissolution of theirmarriage. A grandparent shall have the right to intervene in anydissolution action solely on the issue of visitation rights. Grandparentsshall also have the right to file a motion to modify the original decree ofdissolution to seek visitation rights when visitation has been denied tothem; or
(2) One parent of the child is deceased and the surviving parentdenies reasonable visitation to a parent of the deceased parent of thechild; or
(3) The child has resided in the grandparent's home for at least sixmonths within the twenty-four month period immediately preceding the filingof the petition; and
(4) A grandparent is unreasonably denied visitation with the childfor a period exceeding ninety days. However, if the natural parents arelegally married to each other and are living together with the child, agrandparent may not file for visitation pursuant to this subdivision.
2. The court shall determine if the visitation by the grandparentwould be in the child's best interest or if it would endanger the child'sphysical health or impair the child's emotional development. Visitationmay only be ordered when the court finds such visitation to be in the bestinterests of the child. However, when the parents of the child are legallymarried to each other and are living together with the child, it shall be arebuttable presumption that such parents know what is in the best interestof the child. The court may order reasonable conditions or restrictions ongrandparent visitation.
3. If the court finds it to be in the best interests of the child,the court may appoint a guardian ad litem for the child. The guardian adlitem shall be an attorney licensed to practice law in Missouri. Theguardian ad litem may, for the purpose of determining the question ofgrandparent visitation rights, participate in the proceedings as if suchguardian ad litem were a party. The court shall enter judgment allowing areasonable fee to the guardian ad litem.
4. A home study, as described by section 452.390, may be ordered bythe court to assist in determining the best interests of the child.
5. The court may, in its discretion, consult with the child regardingthe child's wishes in determining the best interest of the child.
6. The right of a grandparent to maintain visitation rights pursuantto this section may terminate upon the adoption of the child.
7. The court may award reasonable attorneys fees and expenses to theprevailing party.
(1990) Although father of child born out of wedlock did not acknowledge paternity, pay support or otherwise establish a relationship with the child, parent of father could seek grandparent's visitation under statute. In the Matter of C.E.R., 796 S.W.2d 423 (Mo.App.S.D.).
(1993) Statute granting grandparent's visitation rights held to be constitutional. Herndon v. Tuhey, No. 75184, Mo. S. Ct., June 29, 1993.
(1993) Although parents have constitutional right to make decisions affecting family, statute is constitutional as court considers magnitude of infringement by state as significant factor and whether there is substantial infringement by state on family relationship. Statute granting grandparents right to petition court for visitation with grandchildren is reasonable both because it contemplates only minimal intrusion on family relationship and because it is narrowly tailored to adequately protect interests of parents and children. Herndon v. Tuhey, 857 S.W.2d 203 (Mo.banc).
(2000) Award of grandparent visitation to child's maternal step-grandparents not authorized pursuant to statute governing grandparent visitation rights. Hampton v. Hampton, 17 S.W.3d 599 (Mo.App.W.D.).
(2002) Section, as enacted prior to 2002 amendment in SB 923, et al., is constitutional under the standard enunciated in Troxel v. Granville, 520 U.S. 57 (2000). Blakely v. Blakely, 83 S.W.3d 537 (Mo.banc).
(2003) Section requires that ninety-day period occurs prior to entry of visitation order and not prior to filing of petition. Barker v. Barker, 98 S.W.3d 532 (Mo.banc).
(2004) Where prior dissolution judgment includes custody and visitation provisions allocating parental time and responsibilities, grandparent is limited to seeking visitation with grandchild through motion to modify dissolution decree rather than independent petition. Tompkins v. Ford, 135 S.W.3d 508 (Mo.App.W.D.).
