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.
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
Visit our Grandparent’s Rights page for more information.
Questions? With a combined 30 years in family law, the attorneys at Raza & Jones, LLC, will provide the legal guidance you need. Starting June 1, 2021, our law office is open to people who are fully vaccinated. Our lawyers and staff are fully vaccinated as well. We are also happy to meet virtually via video- or teleconference on an as-needed basis. For questions, or to schedule a confidential consultation, call 314-449-8830.