Grandparent Visitation must be done as a motion to modify if a divorce decree exists; visitation denied due to best interests of the child

Recent Case from the Missouri Court of Appeals:

Father appeals from a judgment denying his motion to modify child support. Grandparents appeal from the same judgment which also denied their petition seeking grandparent visitation.

The Grandmother did not seek visitation in a manner authorized by statute because the visitation petition was an independent petition seeking visitation rights rather than a motion to modify the dissolution decree.

Missouri law states that the court shall determine if the visitation by the grandparent would be in the child's best interest or if it would endanger the child's physical health or impair the child's emotional development. Visitation may only be ordered when the court finds such visitation to be in the best interests of the child.

Visitation with Grandmother was found not to be in the child's best interests because Father had been convicted of a crime involving the children and the grandmother had chosen her son over the grandchildren. The trial court's characterization of Father's criminal status as a felony vs a misdemeanor was immaterial. Because Grandparents sought collective visitation and reside together, the basis for denying Grandmother's petition apply equally to Grandfather. In any event, Grandfather failed to sustain his burden that visitation would be in the child's best interest and would not endanger the child's physical health or emotional development.

Missouri Court of Appeals

Western District