GRANDPARENT CUSTODY
If a child's parents obtain a divorce, the court may award custody of a child to the child's grandparent. However, the court will only award custody to a grandparent if the court finds that (1) each parent is unfit, unsuitable, or unable to become a custodian; and (2) grandparent custody is in the best interest of the child. The court must also believe that the grandparent is a suitable custodian and is able to provide an adequate and stable environment for the child.
Even if a grandparent obtains custody following a divorce, the child's parent may be able to regain custody of the child at a later date. A parent can regain custody by proving that the cause of the placement with the grandparent no longer exists and that the parent is presently fit for custody.
A grandparent may also obtain custody of a child if the child is placed in foster care. In deciding where to place a child, the Division of Family Services gives preference to relatives of the child. Even if the parent related to the grandparent dies or gets a divorce, the grandparent retains this custody preference.
Grandparent Visitation
Missouri law encourages contact between grandparents and grandchildren, but it also encourages families to resolve familial problems without a great amount of governmental intrusion. Therefore, Missouri law allows grandparents to obtain visitation of their grandchildren over the objections of a parent only in limited situations.
In Missouri, a grandparent can request visitation of a child in three situations:
- If the parents of the child have filed for a divorce;
- If one parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights; or
- If the grandparent has been unreasonably denied visitation with the child for more than 90 days.
A court will grant grandparent visitation only if it is in the child's best interest. A court will deny grandparent visitation if it will endanger the child's physical health or impair the child's emotional development. A court may use a "home study" to determine whether visitation is in the best interests of the child. A home study is a study conducted by a court-appointed investigator. The investigator consults anyone with information about the child and his or her potential custodial arrangements, then prepares a report based on that information. In addition, a court may try to determine the best interests of the child simply by asking the child his or her wishes. Finally, the court may appoint a guardian ad litem to help determine the best interests of the child. A guardian ad litem is a special person appointed by the court for particular litigation to represent an infant, ward, or unborn person. The guardian ad litem may participate in the grandparent visitation proceedings as though he or she were a party to the proceedings.
Both the maternal and paternal grandparents can seek visitation of the grandchild. The grandparents can seek visitation even if the parents of the child are not presently married or have never been married. |
