How Can Grandparents Get Visitation Rights With Their Grandchildren?

By January 13, 2015Child Custody

Paule, Camazine & Blumenthal, P.C. posted in Child Custody on Tuesday, January 13, 2015.

By Susan E. Block

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.

Disclaimer

Susan E. Block

Susan E. Block

Susan Block returned to the practice of law after retiring as a Circuit Judge in 2004, with 25 years of judicial service. In her last judicial assignment she was appointed to serve as the Administrative Judge of the Family Court with the authority to manage the policies and practices of this division, while maintaining a full caseload of abuse, neglect, delinquency and adoption matters.
Susan E. Block

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