Sadly, when parents decide to get divorced, the parents of the non-custodial parent often find it difficult to keep in touch with their grandchildren. More and more, they have been going to court to protect their visitation rights and their relationships with the grandchildren they love.
In Missouri, grandparents often face an uphill battle when enforcing these visitation rights. They need a strong and forceful attorney who knows the law — someone who does not hesitate to fight hard for them.
See our Grandparent Visitation Video Below:
Attorneys Who Fight Hard for Their Clients
At Stange Law Firm, PC, we fight hard for our clients. Many of our clients are grandparents who seek child custody or visitation in special circumstances, like when a parent is incapable of properly caring for a child due to alcoholism, addiction, mental illness or family violence. These grandparents may be entitled to increased custody or visitation.
Missouri law supports contact between grandparents and their grandchildren in certain situations, like the ones listed below:
- When the parents of the child have filed for divorce, grandparents have the right to intervene solely on the issue of visitation rights. Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights.
- When one parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights, grandparents may take legal action.
- When the child has resided in the grandparent's home for at least six months within the 24-month period immediately before the filing of the petition for grandparent rights, grandparents can file a lawsuit to protect their relationships with the children involved.
- When the grandparent has been unreasonably denied visitation with the child for more than 90 days, (unless the natural parents are legally married to each other and are living together with the child) the grandparent may file for visitation.
- When the child is adopted by a stepparent, another grandparent or other blood relative, grandparents can file lawsuits to protect their rights.
You can also read more on this topic in article titled: Missouri grandparents can fight for grandchild visitation rights.
Determining Grandparents' Right to Visitation
Determining whether or not grandparents are entitled to visitation can be complex. The court sometimes requires a home study performed by a court-appointed investigator. The court may also appoint a guardian ad litem to help determine the best interests of the child. It may also consult with the child regarding the child's wishes.
Stange Law Firm, PC understands exactly what the court looks for in grandparents' rights situations. She can help guide you through the process and help you achieve the best possible results in these matters.
In Missouri, the statute affecting grandparents' rights is § 452.402 of the Missouri Revised Statutes. It outlines the law on when grandparents' visitation rights can be granted or terminated. It also grants the court discretion to have the losing party pay the winning party's attorney's fees.
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Grandparents can be just as important as parents in some situations. We have some articles on the topic you might be interested in reading: Missouri grandparents can fight for grandchild visitation rights and Census reveals that increasingly grandparents raise grandkids.
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