Finding out you are going to be a grandparent is an incredibly exciting time, as you may have always dreamed about having grandchildren to spoil. However, if things don’t work out between your child and their partner, you may find that you are repeatedly denied the opportunity to spend time with your grandchildren. As such, you may wonder whether or not grandparents in Missouri have the right to visitation. The following blog explores what you should know about these matters and why working with St. Louis family lawyers is in your best interest if this reflects your circumstances.
Are Grandparents Entitled to Visitation With Grandchildren?
As a parent and grandparent, seeing your child and grandchild undergo a divorce can be incredibly upsetting. Though you may do everything possible to support them, you’ll find that the child’s other parent may deny you the opportunity to see your grandchild. However, you may assume that because you are not their parent, you have no right to see or spend time with the child.
In Missouri, you’ll find that grandparents are legally entitled to seek visitation with their grandchildren. However, this only applies to the children’s biological grandparents. Additionally, this is only applicable in certain situations. If any of the following apply to you, you may be able to file a petition in court to seek visitation with your grandchild:
- The child’s parents have filed for divorce
- The child’s parents are not married and you have been unreasonably denied time with your grandchild for more than 90 days
- One parent denies the parents of a deceased spouse visitation
- The child lived with you for at least six months
- The child was adopted by a stepparent
What Must I Prove in Court if I Want Visitation?
If you are a grandparent and want to petition the court for visitation rights with your grandchild, it’s imperative to understand what you can expect during court. First and foremost, you must be able to prove that visitation is normal and in the best interest of the child. Family courts will always prioritize the best interests of the child above all else.
Ways you can show that spending time with you is in the child’s best interest include demonstrating that being unable to see you negatively impacts the child’s physical or mental health. You may be able to show that you spent a considerable amount of time with the child before the parent denied visitation, and as a result, the change has impacted the child.
If you can prove that it’s in the best interest of the child to spend time with you, the court can create a visitation schedule allowing you court-ordered time with the child.
Grandparents’ rights to visitation with their grandchildren can be incredibly complex. However, the team at Stobie Family Law Group understands the role that grandparents play in the lives of children, which is why we can help fight for your right to spend time with your family. When you need help, contact our firm to learn how we can fight for you.