Under Missouri law, grandparents visitation is allowed only if certain requirements are met. These requirements are set forth in Section 452.402 RSMo. The statute states that:

1. The court may grant reasonable visitation rights to the grandparents when:
(1) The parents of the child have filed for a dissolution of their marriage. A grandparent shall have the right to intervene in any dissolution action solely on the issue of visitation rights. Grandparents shall also have the right to file a motion to modify the original decree of dissolution to seek visitation rights when visitation has been denied to them; or
(2) One parent of the child is deceased and the surviving parent denies reasonable visitation to a parent of the deceased parent of the child; or
(3) The child has resided in the grandparent’s home for at least six months within the twenty-four month period immediately preceding the filing of the petition; and
(4) A grandparent is unreasonably denied visitation with the child for a period exceeding ninety days. However, if the natural parents are legally married to each other and are living together with the child, a grandparent may not file for visitation pursuant to this subsection.

The Court will only grant grandparents visitation rights when it finds such visitation to be in the best interests of the child.

Family law cases involving grandparents and visitation issues are unfortunately much too common. They have the tendency to turn on horrible fact patterns. Such is the case of In re Matter of J.D.S., decided by the Missouri Court of Appeals for the Western District of Missouri. This case involved competing adoption petitions filed by the maternal grandparents (The Smiths) and the paternal grandmother (Ms. Duesenberg).

After the parental rights of both natural parents were terminated, the Smith’s and Ms. Duesenberg both filed petitions for adoption. Ms. Duesenberg subsequently dismissed her adoption petition and the Smiths were granted adoption of J.S., and Duesenberg filed a Petition for Grandparents Visitation. The Smith’s did not respond to the petition for grandparents visitation and the Court granted Ms. Duesenberg grandparents visitation privileges. During the hearing on her petition, Ms. Duesenberg testified that she had an existing relationship with her grandchild and desired to continue contact. The child’s guardian ad litem (GAL) testified that she believed it to be grandchild’s best interest to have a continuing relationship with Ms. Duesenberg.

The Smith’s moved to set aside the judgment. The judge denied the motion but entered an amended judgment still granting Ms. Duesenberg visitation but making some changes requested by the Smith’s. The Smith’s appealed the case to the Court of Appeals, which decided that the trial court was without authority to grant grandparents visitation privileges to Ms. Duesenberg because she did not fall into one of the categories in Section 452.402 RSMo. The Court of Appeals reluctantly took away her grandparents visitation rights, even though it was clear that she had dismissed her adoption petition in reliance upon the Smith’s promise to allow grandparents visitation if so ordered by the court. The record from trial showed that all parties, including the judge, believed that the court had the authority to order grandparents visitation under these circumstances.

The Court of Appeals ended its decision by cautioning juvenile courts and lawyers representing individuals like the Smith’s and Ms. Duesenberg “to be mindful of the effect of an adoption proceeding as to grandparents. When a child is adopted, all legal relationships and all rights between the child and the child’s natural parents [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][and natural grandparents] cease and thereafter the child is the child of the adoptive parents as though born to them in wedlock.”

The Court continued by stating:

We recognize that the outcome of this case is regrettable. Both the GAL and circuit court found that a continuing relationship with her grandmother would be in [the grandchild]’s best interest. It is disappointing to this Court that the Smith’s were able to sever such an important relationship with misrepresentations and seizing on Ms. Duesenberg’s procedural missteps.

We too express hope that the Smith’s would take to heart the findings of the circuit court and GAL and it is in the child’s best interests to maintain this relationship and reunite grandmother and granddaughter with reasonable time together.

Grandparents do not have a legally protectable right to visitation with grandchildren at common law. As a result, only those rights granted to them by Section 452.402 RSMo., can support standing to ask for grandparents visitation rights. If you are a grandparent who has questions about obtaining custody or visitation rights in Missouri, you should contact an attorney to fully explain your rights and the procedure. We hope you aren’t involved in a dispute like the one with the Smith’s and Ms. Duesenberg. However, if you need an experienced family law attorney, we’re here to provide assistance. You can contact Kennedy, Kennedy, Robbins & Yarbro, LC or call us at (573)686-2459.
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