Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Grandparent Family Law With Guardianship
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Multi-State
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US-GDE-04
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FAQ
In Missouri, grandparents can legally request reasonable visitation provided it is within normal limits and does not intrude too much on the family. Only biological grandparents are extended this right and maybe applied if: The child's parents are married and file for legal separation or divorce in Missouri.
Guardianship is a permanency option for children for whom reunification or adoption is not feasible. In Missouri, orders of guardianship are entered by the Probate Court. Guardianship requires the caretaker to assume a high level of responsibility and authority over the child.
Missouri law allows parents to nominate a guardian to take care of their child even when they are alive. Such a circumstance could occur if the parents are unable to take care of their child, for instance due to being extremely ill. However, such a guardianship cannot last for more than a year.
Typically, the child's parents will have the first right to claim their qualifying child. However, if the parents are unable to claim the child, or choose not to, then the person with the highest adjusted gross income (AGI) will be able to claim the qualifying child.
These families headed by a grandparent often are called ?grandfamilies,? and they are common among families in which a relative has taken over primary responsibility for raising a child from parents (known as ?kinship care?).