Paule, Camazine & Blumenthal, P.C. posted in Child Custody on Tuesday, January 13, 2015.
If the parents are still married, grandparents have no right to see their grandchildren. Missouri law gives the “intact” family the right to say no.
However, there are a variety of circumstances under which grandparents may petition the court to visit with their grandchildren. One of most common instances is where one of the parents is deceased and the surviving parent is refusing to allow the grandparents visitation. This is true whether the couple was married, divorced or non-married at the time of the parental death.
The amount of time that a grandparent might expect a court to award is not the same as the amount of time the grandparent may have had in the past. The individual circumstances of each situation are critical to this determination.
It is important to consult with an attorney experienced in these matters. The strategy, the use of specific statutes, and the probable outcome are important considerations that only should be determined after a thorough review of all the facts.