Section 8.1 Grandparent Rights and Visitation

• Library: Elder Law 2015 Supp

I. (§8.1) Grandparent Rights and Visitation

With the increasing number of grandparents and extended family members caring for various children in their families, grandparent rights and visitation have become continuing concerns for families and for the courts. Missouri law provides for grandparent visitation rights in certain circumstances under § 452.402, RSMo Supp. 2009. These rights are granted by order of the court. Parents of the children have parental preference. Parents can give permission to maternal and paternal grandparents to have visitation of various sorts. The purpose of § 452.402 is to ensure some contact between grandparents and grandchildren if it is in the best interests of the grandchildren. Grandparents do not have automatic rights to visitation. Grandparents must file a motion or petition under specific circumstances (listed below) to intervene, and affirmatively present to the court evidence that visitation would be in the child’s best interest. The grandparents have the burden of proof to establish their rights. Ballinger v. Culotta, 322 F.3d 546 (8^th Cir. 2003).

Section 452.402 only pertains to intervention by grandparents in domestic cases brought under Chapter 452, RSMo, and does not apply to juvenile law. The right of a grandparent to intervene in a juvenile proceeding is located in § 211.177, RSMo 2000. To be awarded visitation, the petitioning grandparents must be made a party to the lawsuit.

There is no statutory authority for a step-grandparent visitation order. In Hampton v. Hampton, 17 S.W.3d 599 (Mo. App. W.D. 2000), maternal grandparents and...