Grandparent’s Rights

 By Nina Chen, Ph.D.
Human Development Specialist

Grandparents play an important role in their grandchildren’s lives.  Grandparents can provide very special gifts to their grandchildren, such as the gifts of example, caring, knowledge, heritage, and happy memories.  Their sharing and interactions with their grandchildren mean a lot to the development of their grandchildren.  In the United States, the majority of grandparents enjoy the time with their grandchildren without the responsibility of raising them full time.  As for grandchildren, they view grandparents as a source of unconditional love and support.

However, some grandparents have experienced rejection.  One day I did a program on “Grandparenting” at a senior citizens center.  After the program, one grandfather came to ask me, “My daughter-in-law does not want me to visit my grandchildren.  What should I do?”  It is always sad to hear that grandparents are facing unreasonably denied visitation of their grandchildren.  The one who has child custody may cut off communications between his or her children and the ex-spouse’s parents.

If you are a grandparent and seeking visitation rights, you might want to get legal advice to see what rights you have as a grandparent.  Many state laws include reasonable grandparents’ visitation rights.  But, since legislation varies from state to state, if you win the case in one state, you have to start all over again if your grandchildren move to another state because there is no uniform interstate visitation law.  According to Missouri’s laws, a court may grant grandparent visitation if:

1.                  the parents of the child have filed for a divorce;
2.                  one parent of the child is deceased and the surviving parent denies
             reasonable visitation rights; or
3.                  the grandparent has been unreasonably denied visitation with the
           child for more than ninety days.

A court will grant grandparent visitation only if it finds that it is in the child’s best interest.  A court will deny visitation if it will endanger the child’s physical health or impair the child’s emotional development.  The court can order restrictions or conditions in balancing the interest of the grandparents, parents, and children.

Grandparents’ visitation rights are different in various situations, so it is important to consult with an attorney or agencies for more information.  For instance, you might want to call your county Court Clerk’s Office about Domestic Relations, State Bar Association Lawyer Referral Service to ask for names of attorneys who specialize in grandparents’ visitation rights, or call Area Agency on Aging and Division of Aging to explore what options you have.

References:
For Grandparents:  Questions and answers about your visitation rights and how to obtain them.  Washington DC.: AARP.  Morrison, J (1991):  Vernon’s annotated Missouri statutes: Official classification, Volume 24, Section 452.402, 1996. Minnesota; West Publishing Co.
Acknowledgment:  I would like to extend my appreciation to Joe Schoeberl a court judge of Jasper County, who provided information and feedback to ensure accuracy.

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