Missouri Grandparent Rights?...?
Ok, My husband and I have been married for 2 years. We have 2 children together. One biologically his, the other is my daughter whom he adopted. Also have our 3rd child on the way. Now, our daughter is 4 years old, and my husband is certified to teach. He wants to home school our daughter for her preschool year..(preschool here is called daycare). Anyways, My husbands parents have now thrown a huge fit saying that we are horrible parents and depriving her of education. I was due to go to work other day, the lady who normally watches my children had to take her own child to the hospital for high fever, I called my in laws in the hopes that they would take their grandchildren for a couple hours until my husband got off work, on a Saturday btw, and his dad told him no they wouldn't take them because we didn't put her in preschool. Well I had to call in resulting in me getting fired. :( Through all of this, I text their grandparents telling them they were being extremely selfish and childish, and that I hoped they were satisfied with the outcome of their behavior...and it needed to stop. No more than 15 mins later his father shows up to our home driving 50 mph through the neighborhood street, slams on the breaks, gets out the car and starts calling my husband and I worthless parents and called me a f**king Stupid a$$ B***h..my windows to the house were open and my daughter heard everything. I had to call the police to inform them of the dispute and in turn the police told them they are no longer allowed to come to our home or property and if they did it would result in trespassing charges. The grandparents are now threating us to take us to court to see the kids, they have never once asked to see them, no calls or texts. They are demanding they get them one night a week, everyother weekend, holidays and birthdays. Now in Missouri is this allowed when the parents are married and living together? They said at their "Attorneys advice" they told us this. How does this work?
- Anonymous8 years agoFavorite Answer
Missouri law supports contact between grandparent and grandchild while attempting to encourage parents to resolve family disputes without court intervention. In an attempt to balance these two interests Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild.
The court will grant grandparent visitation only if it is in the grandchild’s best interest. A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development.
The court may grant reasonable visitation rights to grandparents under the following circumstances:
1. The parents of the child have filed for divorce. Grandparents have the right to intervene solely on the issue of visitation rights. Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights;
2. One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;
3. The child has resided in the grandparent’s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;
4. The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child. In that case, the grandparent may not file for visitation. (The Missouri court reasons that when the parents are married and living together with the child, the parents know what is in the best interest of their child. See Missouri Revised Statute 452.402.02) ;
5. The child is adopted by a stepparent, another grandparent or other blood relative.
(See Missouri Revised statute 452.402.1)Source(s): Based on what you have written, they don't have grounds to file.
- Artemis AgroteraLv 78 years ago
Well. It sounds like you blew it by getting pi$$y with them over refusing to watch your children. They have no legal or moral obligation to babysit your children - regardless of whether or not they are related to them. Although I certainly wouldn't have recommended that the grandparent come to your house to berate you, I can definitely understand why he was ticked off and offended. Your behavior was terrible and escalated this. Name calling is a very childish behavior. I'm not sure what you thought you were trying to accomplish. You already knew that, however unreasonable their position is over preschool (which I agree is daycare called by something to make parents feel less guilty, they were unhappy with your parenting decisions. You had no basis to believe they are going to accommodate your work-related needs - but the name calling was akin to dumping gasoline on a fire.
Yes. Grandparents do have rights to their grandchildren. And, unfortunately, you've actually given them a pretty good basis for an argument. In your state, a grandparent has the right to pursue court ordered visitation even when the parents are still married when the grandparent has been "unreasonably" denied visitation for 90 days or more.
I don't recommend that you deny them the opportunity to see the children for 90 days in a row - otherwise they could have a basis to get visitation.
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- Sans DeityLv 78 years ago
Grandparents have zero rights to visitation in the United States. They CAN obtain visitation in some states, but that's only if they can demonstrate that not having them in the child's life would be a detriment to them. In this case, that's obviously not true as you have a police report showing their awful behavior.
So, tell them to waste all the money they want on a lawyer, there's no way they're getting visitation.
- 5 years ago
This Site Might Help You.
Missouri Grandparent Rights?...?
Ok, My husband and I have been married for 2 years. We have 2 children together. One biologically his, the other is my daughter whom he adopted. Also have our 3rd child on the way. Now, our daughter is 4 years old, and my husband is certified to teach. He wants to home school our daughter for her...Source(s): missouri grandparent rights: https://tinyurl.im/7qN2F
- JoanLv 68 years ago
Grand parents have rights if they are rational people. It is irrational to expect you to have the kids educated the way the grandparents demand. If the police were called out it will be on record so that will go in your favour. Where is your husband when this is going on? He should put his foot down and tell his parents to keep out of yours and his business. Make sure you have alternative child care in the future so you don't have to ask for them to help out. If you decide to give them access it should be you who dictates when, where and how long, not them.
- YupLv 78 years ago
simple, they don't have any. tell them to take their best shot.