HB 728 -- Grandparent Visitation

Co-Sponsors:  Davis (19), Phillips, Ruestman, Stevenson

Current law allows grandparents to be granted visitation with
their grandchildren by a court under certain circumstances.  One
circumstance is when the child is adopted by a stepparent,
another grandparent, or another blood relative.  This bill
removes the provision allowing grandparents to be granted
visitation in that circumstance.

Current law requires the court to find that visitation is in the
best interests of the child in order to grant visitation for the
grandparents.  The bill removes that requirement.  The bill
states that it is a rebuttable presumption that fit parents know
what is in the best interests of their children.  It requires the
court to find that a child would suffer harm or a serious
likelihood of harm before ordering visitation rights to
grandparents over the objection of the parents.  The bill defines
"harm or a serious likelihood of harm" as clear and convincing
evidence that without visits with the grandparents, the child's
emotional or physical well-being would be jeopardized.  It allows
the court to order a home study if the petitioning grandparent
raises questions about the fitness of the child's parents.  It
also requires the petitioning grandparent to be responsible for
all guardian ad litem fees.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am