One unforeseen circumstance that can dramatically\neffect estate planning for grandparents is when a child goes through a divorce\nor has died. Goals can quickly change (God forbid) when this scenario occurs,\nespecially when it comes to visitation with their grandchildren. It seems unfortunate that grandparents would have to\ngo to court just to see their grandchildren, but sometimes grandparents are\nforced to consider their options.<\/p>\n\n\n\n
Under Mo. Rev. Stat. \u00a7452.402 (RSMo Supp., 2011), the\ncourt may grant grandparent reasonable visitation with their grandchild under\nthe following circumstances:<\/p>\n\n\n\n
1. When\nthe parents of a child are filing for divorce, grandparents are able to file a\nMotion to Intervene to request a reasonable period of visitation from the Court\nor file to modify an existing order;<\/p>\n\n\n\n
2. When the\nparent of a child is deceased, and the surviving parent denies the decedent\u2019s\nparent reasonable visitation with the child; or <\/p>\n\n\n\n
3. If the child\nresided with the grandparent for a minimum of six months within the two years\nfrom the filing of the petition, and if the grandparent has been denied\nvisitation with the child for at least 90 days. <\/p>\n\n\n\n
A common assumption has existed over time that grandparents\nhave little to no chance of being awarded visitation with their grandchildren.\nThis assumption is not necessarily true. It is\npresumed that parents living together know what is in their child’s best\ninterests, but this is a “rebuttable presumption,” meaning that the\nburden of proof is on the grandparents to prove that granting them visitation\nis in the child’s best interest.<\/p>\n\n\n\n
How do grandparents show that reasonable visitation it is\nin the child\u2019s best interests? The answer is complex and fact specific.\nHowever, generally speaking, Missouri statutes allow the court to appoint guardian\nad litem, order a home study or consult with the child in order to determine\nthe child’s best interests. The court may consider several factors in\ndetermining the best interest of the child. Additionally, the court may conduct\na further analysis to make this decision, including talking to the child about\nhis or her own wishes. <\/p>\n\n\n\n
In many cases, grandparents are a valuable part of a\nchild\u2019s life. While the parents of the child do generally have primary rights\nto the child, grandparents are place into a difficult situation if an\nunexpected divorce or death happens. Grandparents do have legal options to\nconsider in certain circumstances. It is always preferable for the relationship\nto stay outside of the court room. However, grandparents sometimes may not have\nany other choice but to involve the courts. <\/p>\n","protected":false},"excerpt":{"rendered":"
One unforeseen circumstance that can dramatically effect estate planning for grandparents is when a child goes through a divorce or has died. Goals can quickly change (God forbid) when this scenario occurs, especially when it comes to visitation with their grandchildren. It seems unfortunate that grandparents would have to go to court just to see<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-758","post","type-post","status-publish","format-standard","hentry","category-blog"],"yoast_head":"\n