Section 9.4 Custody to Third Parties
| Library | Family Law (2019 Supp) |
C. (§9.4) Custody to Third Parties
For a court to award third-party visitation to a nonparent in accordance with § 452.375.5(5), RSMo Supp. 2018, not only must the court find that the visitation is in the child’s best interest, but the court must also find either that the parents are unfit, unsuitable, or unable to be custodians or that the child’s welfare requires custody or visitation with the third party.
In T.W. ex rel. R.W. v. T.H., 393 S.W.3d 144 (Mo. App. E.D. 2013), the court found the award of third-party visitation to the maternal grandmother on alternating weekends, alternating holidays, and every Christmas Day to be more than minimally intrusive to the mother’s parental...
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