In the following case, a Missouri appeals court overruled a trial court judge’s decision to deny the right of a grandparent to intervene in an ongoing legal custody dispute involving the child’s parents. In Missouri, grandparents have a legal right to reasonable visitation with their grandchildren in some situations if certain criteria are met.
Grandparent intervention is a legal right in a custody dispute. A grandparent filed a motion to modify the parenting plan and a timely motion to intervene on the issue of visitation during a custody dispute case between the mother and father. The law required the circuit court judge to allow any timely motion to intervene on the issue of visitation filed by a grandparent. However, the judge denied the motion to intervene based on the merits of the motion to modify without an evidentiary hearing. The Court of Appeals reversed the circuit court judge’s decision.
In this case, the mother and father of the child were divorced and were awarded joint legal and joint physical custody of the minor child involved. One year later, both parents unhappy with the custody arrangement, filed a motion to modify the custody arrangements because they claimed there was a substantial and continuing change in the circumstances. The maternal grandmother of the child filed a motion to intervene in the case because she had been denied visitation. According to the grandmother, the child had resided in the grandmother’s home for six months out of the past 24 months and that visitation with the child had been unreasonably withheld from her for more than 60 days.
Grandparents have a right to become a party to a custody dispute between parents in most situations. A judge must allow the grandparent to become a part of the case, then following a hearing the judge can determine if the grandparents’ claims are valid.
The link to the case is here:IN RE THE MARRIAGE OF BRITTANY M. SMITH, Respondent v. PATRICK A. SMITH, Respondent and GOLDIA M. KRANAWETTER, Proposed Intervenor/AppellantMissouri Court of Appeals-Southern District - SD38151
The Missouri law regarding grandparents’ visitation rights states, “[T]he court may grant reasonable visitation rights to the grandparents of the child and issue any necessary orders to enforce the decree.” According the state law, a grandparent may be awarded visitation rights when:
1. The parents of the child have filed for divorce. Here, the grandparent can intervene in the case but only pertaining to visitation. Even if there is no divorce or custody case going on, grandparents have the right to file a motion to modify the original custody judgment to seek visitation rights when visitation has been denied to them; or
2. One of the child’s parents is no longer alive and the other parent unreasonably denies visitation to the grandparent.
3. The child has lived with the grandparent for at least six months during the previous twenty-four months; and
4. The grandparent is unreasonably denied visitation with the child for a period extending ninety days, unless the biological parents are married to each other and living together, then a grandparent may not file for visitation under this rule.
As with all custody cases, Missouri courts will generally decide grandparents’ rights cases based on what is in the best interests of the child. Visitation may be awarded to grandparents if it would not endanger the child’s physical health or endanger the child’s emotional development, and it is in the best interests of the child. However, if the child’s parents are married and the child lives with the parents, then the court will generally assume the parents know what is in the best interests of the child, even with regard to visitation with grandparents.
grandparents visitation statute
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