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Are there grandparents rights laws in Missouri?

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Are there grandparents rights laws in Missouri?
Submitted: 2 months ago.Category: Family Law
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Answered in 1 hour by:
5/2/2018
Family Lawyer: Attorney Wendy, Lawyer replied 2 months ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 1,189
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. There are circumstances under Missouri law where grandparents may be granted visitation rights with their grandchildren. This visitation may be court ordered in the following situations: (1) when the child/children's parents are divorcing; (2) where one of the child/children's parents is deceased and the surviving parent is denying the grandparents reasonable time/visitation with the child/children; and (3) where the child/children resided with the grandparent(s) for a minimum of 6 months during the past 2 years but is no longer with the grandparent(s) and the grandparent(s) are now being denied visitation or have been denied visitation for at least 90 days. The key element to these visitation rights, however, is that they are not triggers and do not come into play if the child/children's parents are married and continue to reside together with the children. In that instance, the law permits the parents to deny or grant visitation as they see fit.

In the circumstances where a grandparent may seek visitation by filing a petition with the court, the court will - as with all children's issues - consider what is in the best interests of the child/children. And, in any such action, the court may also award attorneys' fees to the prevailing party. So, if grandparent visitation is sought and granted the party opposing such visitation could be responsible for his/her own fees and the grandparent fees. The opposite is also true - if the grandparent loses, he/she/they may be required to pay the opposing party's fees.

Grandparents may also seek mediation as a method for addressing visitation - a way to try to reach some agreement with the child/children's parents/guardians/custodians regarding visitation without having a to go to trial.

I hope this information is helpful. If you need further assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Family Lawyer: Attorney Wendy, Lawyer replied 2 months ago

I just wanted to check back to see if you needed any further assistance.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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