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What Rights Do Grandparents Have?

If your grandchild's parents are splitting or divorcing, you may be concerned that the split may have a negative impact on your relationship with your grandchild, and you may be wondering, "What rights to grandparents have?" At Fisher Law LLC, our Kansas City divorce attorneys value family, and we recognize the important role that grandparents play in a child's life.

We provide the knowledgeable, yet compassionate legal representation grandparents need when their access to their grandchildren is being threatened by an impending divorce or split between the child's parents. When you work with our firm, you benefit from a team of highly qualified attorneys who are well-respected by local judges and family court personnel alike.

Missouri's Grandparents' Rights Statute

Some of the states have enacted grandparents' rights statues, while others have not. As a grandparent in Missouri, you are fortunate because the law may be on your side. Under Section 452.402.1, the court may grant reasonable visitation rights to a grandparent when:

  • The parents of the child have filed for divorce.

  • One of the child's parents is deceased, and the surviving parent is denying reasonable visitation to the parent of the deceased parent of the child.

  • The child has lived in the grandparent's home for at least six months within the 24 months before the divorce was filed.

  • A grandparent has been unreasonably denied visitation with the child for longer than 90 days, however, if the natural parents are legally married to each other and living with the child, a grandparent may not file for visitation pursuant to this subdivision.

Best Interests Of The Child Doctrine

Essentially, the court shall determine if visitation by the grandparent would be in the child's best interests, or if it would somehow endanger the child's health or impair the child's emotional development. The court may order visitation if the court believes that such visitation would be in the child's best interests.

To learn more about your grandparent's rights, we encourage you to speak with a member of our legal team. We understand how important it is that you have continuous and meaningful contact with your grandchildren, and we can give you the legal advice and representation necessary to reach a reasonable solution.

Call our law firm at 816-673-2890 or send us an email to schedule your case evaluation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.