Under Missouri law, parents have primary rights to custody, but Missouri is among the states that allow courts to grant visitation to grandparents under certain circumstances.

Overcoming Hurdles

Grandparents may be able to obtain visitation rights if:

• the child’s parents are married and apply for legal separation or divorce; or 
• the surviving parent unreasonably denied visitation rights after a parent’s death, or; 
• the child resided in the grandparent’s home for a specific period of time;
• and the grandparent has been denied custody for over 90 days.

It is not reason enough to simply believe a child would benefit from the grandparent’s greater financial means or parenting skills, or to disagree with the parents about how the grandchild should be raised. Courts will not deprive biological parents of their own child unless their welfare and safety are at risk.

Reasons to Seek Custody

Courts are more likely to consider the grandparents’ petition for visitation if the child’s parents are incapable of providing care. This might be because one or both biological parents:

• Have been convicted of a crime
• Are addicted to drugs or alcohol
• Are ill and unable to care for the child
• Deceased

Visit our Grandparent’s Rights page for more information.

With a combined 30 years in family law, the attorneys at Jones Family Law Group, LLC, will provide the legal guidance you need. Contact Jones Family Law Group, LLC today for any questions or to set up a consultation.