Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

I. INTRODUCTION

COMES NOW Petitioner, [GRANDPARENT FULL LEGAL NAME] ("Petitioner"), a grandparent of the minor child named above, and for the Petitioner's Petition for Grandparent Visitation pursuant to Mo. Rev. Stat. § 452.402, states to the Court as follows:

II. PARTIES

1. Petitioner (Grandparent).

2. Co-Petitioner (other grandparent, if applicable).

3. Respondent(s) (parent(s) / custodian).

4. The Minor Child.

III. JURISDICTION AND VENUE

5. This Court has jurisdiction over the subject matter and the parties under Mo. Rev. Stat. § 452.402 and the general jurisdiction of the Circuit Court.

6. This Court has jurisdiction to make an initial child-custody/visitation determination under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Mo. Rev. Stat. § 452.740, because Missouri is the home state of the child: the child has lived in Missouri with a parent or person acting as a parent for at least six (6) consecutive months immediately before the commencement of this proceeding (or since birth, if less than six months old).

7. Venue is proper in [COUNTY] County because the child resides in [COUNTY] County, Missouri.

8. Pursuant to Mo. Rev. Stat. § 452.745, a UCCJEA affidavit disclosing the child's residences for the past five (5) years and any other custody/visitation proceeding is filed herewith.

☐ There are NO other pending proceedings concerning custody or visitation of the child.

☐ There ARE other proceedings: Court ____________; Case No. ____________; nature ____________.

IV. STANDING UNDER MO. REV. STAT. § 452.402

9. Unreasonable denial exceeding sixty (60) days. Petitioner has been unreasonably denied visitation with the child for a period exceeding sixty (60) days. Petitioner last had meaningful contact with the child on or about [__/__/____], and the Respondent(s) have since denied or unreasonably restricted contact, as further described in the Factual Allegations.

10. Statutory standing trigger. In addition, one or more of the following applies (check all that apply):

☐ (a) Dissolution pending — § 452.402.1(1). The parents of the child have filed for dissolution of their marriage (Case No. ____________), and Petitioner seeks to intervene solely on the issue of visitation, OR to modify the original decree of dissolution to obtain visitation that has been denied;

☐ (b) Parent deceased — § 452.402.1(2). One parent of the child, [DECEASED PARENT NAME] (Petitioner's child), is deceased (date of death [__/__/____]), and the surviving parent denies Petitioner reasonable visitation;

☐ (c) Child resided with grandparent — § 452.402.1(3). The child has resided in Petitioner's home for at least six (6) months within the twenty-four (24) month period immediately preceding the filing of this Petition.

11. Married-and-cohabiting limitation. Except where Petitioner proceeds under subdivision (1) (pending dissolution), Petitioner affirms that the natural parents are not legally married to each other and living together with the child, such that the limitation of § 452.402.1 does not bar this Petition.

V. FACTUAL ALLEGATIONS

12. History of the relationship. The relationship between Petitioner and the child is as follows:

[Describe frequency and quality of contact; overnights; periods the child lived in Petitioner's home; activities, holidays, and support; the role Petitioner has played in the child's life.]
____________________________________________________________________________________
____________________________________________________________________________________

13. Circumstances leading to the petition. The circumstances giving rise to this Petition, including the triggering event (dissolution, death, or the child's prior residence with Petitioner) and the denial of visitation, are:

[Describe when and how visitation was reduced or denied, the reasons given, and informal efforts (including any request for mediation under § 452.403) to resolve the matter.]
____________________________________________________________________________________
____________________________________________________________________________________

14. Mediation (§ 452.403). ☐ Petitioner has made a written request for mediation under Mo. Rev. Stat. § 452.403. ☐ Mediation was attempted and was unsuccessful. ☐ Mediation has not been attempted.

15. Petitioner's fitness. Petitioner affirms there is no history of abuse, neglect, domestic violence, substance abuse, or criminal conduct that would endanger the child, and that Petitioner can provide a safe and appropriate environment for the child.

VI. CONSTITUTIONAL STANDARD; BEST INTERESTS

16. Parental rights; special weight (Troxel). Petitioner acknowledges that a fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and that under Troxel v. Granville, 530 U.S. 57 (2000) the Court must give special weight to a fit parent's decision regarding grandparent visitation. Petitioner further acknowledges that Missouri construes § 452.402 consistently with Troxel by presuming a fit parent acts in the child's best interest (Blakely v. Blakely, 83 S.W.3d 537 (Mo. banc 2002)).

17. Best interest required (§ 452.402.2). Before ordering visitation, the Court must determine that visitation by Petitioner is in the child's best interest, and visitation may be ordered only on such a finding. Petitioner alleges that reasonable, limited visitation is in the child's best interest for the following reasons (check all that apply):

☐ A strong, established bond exists between Petitioner and the child;

☐ The child would benefit emotionally and developmentally from continuing the relationship;

☐ Petitioner will encourage, and not interfere with, the child's relationship with the parent(s);

☐ The requested visitation is reasonable and limited and will not disrupt the child's routine or the parent-child relationship;

☐ Other: ____________________________________________________________________

18. Child's wishes (§ 452.402.5). ☐ The child is of sufficient age and maturity that the Court may consult the child regarding the child's wishes. ☐ The child is too young to express a meaningful preference.

19. Guardian ad litem (§ 452.402.3) and home study (§ 452.402.4). Petitioner ☐ requests ☐ does not request that the Court appoint a guardian ad litem (a licensed Missouri attorney) and/or order a home study under § 452.390 to assist in determining the child's best interest.

VII. REQUESTED VISITATION SCHEDULE

20. Petitioner requests the following reasonable visitation, subject to such conditions or restrictions as the Court deems appropriate under § 452.402.2:

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

A. Take jurisdiction of this cause and find that Petitioner has standing under Mo. Rev. Stat. § 452.402;

B. Set this matter for hearing and, if the Court finds it in the child's best interest, appoint a guardian ad litem and/or order a home study;

C. Find, after giving special weight to any fit parent's decision, that reasonable visitation between Petitioner and the minor child is in the child's best interest;

D. Enter an order granting Petitioner reasonable, defined visitation as set forth in Section VII, with such conditions or restrictions as the Court deems appropriate, and provide for telephone/electronic contact and transportation;

E. Award Petitioner reasonable attorney's fees and costs as the prevailing party under § 452.402.7, if appropriate;

F. Reserve jurisdiction to modify or enforce the order; and

G. Grant such other and further relief as the Court deems just and proper.

RESPECTFULLY SUBMITTED, this the ____ day of __________, 20____.

_________________________________
[GRANDPARENT NAME], Petitioner

_________________________________
[ATTORNEY NAME], #[MO BAR NO.]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner

IX. VERIFICATION

STATE OF MISSOURI )
COUNTY OF [COUNTY] )

I, [GRANDPARENT NAME], being first duly sworn upon my oath, state that I am the Petitioner in the foregoing Petition, that I have read it, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[GRANDPARENT NAME], Petitioner

Subscribed and sworn to before me this ____ day of __________, 20____.

_________________________________
Notary Public
My commission expires: __________

X. CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing Petition was served upon the following by the method indicated:

DATED this the ____ day of __________, 20____.

_________________________________
[ATTORNEY NAME / PETITIONER]

NOTICE TO RESPONDENT

You have been served with a Petition for Grandparent Visitation. You are required to file a written response within thirty (30) days after service (Mo. R. Civ. P. 55.25) and may appear and be heard at any hearing set by the Court. Failure to respond may result in entry of judgment granting the relief requested. You have the right to be represented by an attorney.

ATTACHMENTS

☐ UCCJEA affidavit (Mo. Rev. Stat. § 452.745)
☐ Death certificate of the deceased parent, or proof of pending dissolution / proof of child's prior residence with Petitioner
☐ Documentation of denial of visitation (dates, communications, requests)
☐ Written request for mediation under § 452.403 (if applicable)
☐ Proposed Judgment / Order for Grandparent Visitation
☐ Filing fee or motion to proceed in forma pauperis

SOURCES & REFERENCES

• Mo. Rev. Stat. § 452.402 — Grandparent's visitation rights granted, when; guardian ad litem; termination upon adoption; attorney fees. https://revisor.mo.gov/main/OneSection.aspx?section=452.402
• Mo. Rev. Stat. § 452.403 — Grandparent mediation of denied visitation.
• Mo. Rev. Stat. § 452.375 — Best-interests-of-the-child factors.
• Mo. Rev. Stat. § 452.700 et seq. — Missouri UCCJEA (home-state jurisdiction; UCCJEA affidavit).
• Blakely v. Blakely, 83 S.W.3d 537 (Mo. banc 2002) — § 452.402 construed to comply with Troxel by presuming a fit parent acts in the child's best interest.
• Hampton v. Hampton, 17 S.W.3d 599 (Mo. App. W.D. 2000) — "Grandparent" does not include a step-grandparent.
• Troxel v. Granville, 530 U.S. 57 (2000) — Fit-parent presumption; "special weight" to a parent's visitation decision.

This Petition is provided for informational purposes only. Note that the denial threshold in § 452.402 is now "exceeding sixty (60) days" (reduced from ninety days by 2019 S.B. 83); verify the current statutory text before filing. Consult a Missouri family-law attorney.