2006-11-27 11:46:10 · 5 answers · asked by holdinon259 1 in Family & Relationships ➔ Family
That depends on whether or not the parents are alive. If your son/daughter (parent of the grandchild) is living, then the answer is no. You have absolutely no rights whatsoever.
If your child (parent of the grandchild) is deceased, then you have some limited rights to visitation, etc. The legal argument is in loco parentis (in the place of the parent). You stand in the place of your deceased child regarding custody, visitation, etc. However, your rights will be limited to whatever "grandparent rights" law your state has passed.
If you can prove abuse or neglect, then the State can intervene and take custody. If they do, they may or may not reach out to you as a resource for custody, etc. But that would be entirely up to them. You would have no "rights" as such... just authority granted from the state, which would have custody.
2006-11-27 11:52:01 · answer #1 · answered by antirion 5 · 0⤊ 0⤋
1.) The state where the child lives.
2.) The Missouri Statute actually says "A grandparent is unreasonably denied visitation with the child for a period exceeding ninety days." Exceeding 90 days. There is no time frame for the visits to be.
3.) It's possible, but I wouldn't count on it. It would depend on the child's maturity level and other factors.
4.) Yes, it can. Grandparents are not afforded inherant rights to visit with their grandchildren. Sure, they can file for those rights if certain criteria are met, but that does not mean that they will be awarded visitation of the grandchildren. If the parents are adamant that the GP's not have visitation, be prepared for a long protracted fight, with a GAL being appointed and their fees also included in the cost. $5,000 is a low estimate IMO.
5.) It will still hold. Also, if a parent in Missouri proposes a relocation of a child's residence they have to notify each person with visitation rights to the children 60 days prior to the move. This would include the GP's if they have court ordered visitation. The person with visitation then has the right to contest the move within 30 days.
The above will only apply if the child lives in Missouri. If the child does not live in Missouri, then the state where the child lives is the state whose laws would matter. Also... if the parents of the child are married and living together with the child, you're fighting a losing battle. In Missouri, married parents have the rebuttal presumption of knowing what is in their children's best interest. If they don't want the GP's to visit, that is their call and not the courts.
2006-11-27 11:54:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not many rights but legally yes they have rights to their grandchildren
2006-11-27 11:47:38 · answer #3 · answered by jeremy1234 2 · 0⤊ 0⤋
NO only the birth father, unless it is in the court papers.
2006-11-27 12:46:04 · answer #4 · answered by Grandma of six 5 · 0⤊ 0⤋
if the parents are abusive or neglecting the children they do.
2006-11-27 11:48:23 · answer #5 · answered by sweetre2 3 · 0⤊ 0⤋