Grandparents play an essential role in the lives of their grandchildren. Sometimes, however, a parent’s divorce or death can lead to a grandparent not seeing their grandchildren as much as they would like and sometimes not at all. The law generally respects parents’ rights to raise their children as they see fit, and courts are reluctant to overrule a parent’s decision without good cause. However, in some cases, courts will order visitation with grandparents if certain statutory requirements are met. If the parents cannot care for their children or their parental rights are terminated, grandparents could apply for custody rights in certain circumstances.
If you are a grandparent seeking visitation with or custody of your grandchildren, consider discussing your situation with a knowledgeable attorney from our firm. Our lawyers understand the special bond between you and your grandchildren and can help you navigate the legal system to protect your relationship with them. A Ballwin grandparents’ rights lawyer is here to listen to your concerns and create a strategy to help you maintain your connection to your grandkids.
Investigate Alternatives to Court
Family tensions can lead to parents cutting off contact with grandparents. The parents have the right to decide who will spend time with their children, so as a grandparent, you have few legal options in such cases.
However, family counseling or mediation might improve communication with your grandchildren’s parents, which could lead to resumed contact with your grandchildren. Exploring options to establish a healthier relationship with your grandchildren’s parents also helps your grandchildren by modeling positive conflict resolution strategies.
A grandparents’ rights attorney serving Ballwin might suggest trying mediation first, even if you have grounds to request visitation in court. Resolving matters outside of court is less stressful, less expensive, and more likely to lead to positive family dynamics.
Seeking an Order for Visitation
In some circumstances, the law gives biological grandparents the limited right to seek court-ordered visitation. However, if your grandchildren’s parents are alive and living together, a court will not intervene on your behalf. The law respects parents’ rights to do what they think is best for their children.
In some circumstances, the law recognizes a grandparent’s right to seek reasonable access to their grandchildren. Missouri Revised Statutes §452.402 allows a grandparent to seek visitation rights if they have been denied visits for 60 days and:
- The children’s parents file for divorce or legal separation;
- One parent died, and the other parent is denying the grandparent access to the grandchildren; or
- The child resided with a grandparent for at least six months of the previous twenty-four months.
The visitation request must not be intrusive or burdensome on the family—parents are not obligated to make the children available on your schedule or change their routines for the sake of grandparent visitation.
A Ballwin grandparents’ rights attorney must prove that visitation is in the children’s best interests. The nature of the existing relationship, the amount of time the grandparents and children formerly spent together, and the stability of the parent’s relationship with their children could all be influential factors.
Contact a Ballwin Grandparents’ Rights Attorney for Help
Whatever the surrounding circumstances, losing contact with your grandchildren is heartbreaking for you and for them. Thankfully, the law could offer you legal remedy in special circumstances.
Talk to a Ballwin grandparents’ rights lawyer about your situation. A dedicated attorney from Jones Family Law Group, LLC, could offer valuable advice and fight to protect your relationship with your grandchildren. Get in touch with us today.