Missouri Revised Statutes

Mo. Rev. Stat. § 452.402 (2026)

Grandparent's visitation rights granted, when

✓ current as of May 2026

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452.402. Grandparent's visitation rights granted, when — guardian ad litem appointed, when — termination upon adoption — attorney fees and costs assessed, when. — 1. The court may grant reasonable visitation rights to the grandparents of the child and issue any necessary orders to enforce the decree when a grandparent has been unreasonably denied visitation for a period exceeding sixty days, and:

(1) The parents of the child have filed for a dissolution of their marriage. A grandparent shall have the right to intervene in any dissolution action solely on the issue of visitation rights. Grandparents shall also have the right to file a motion to modify the original decree of dissolution to seek visitation rights when visitation has been denied to them;

(2) One parent of the child is deceased and the surviving parent denies reasonable visitation to a parent of the deceased parent of the child; or

(3) The child has resided in the grandparent's home for at least six months within the twenty-four month period immediately preceding the filing of the petition.

Except as otherwise provided in subdivision (1) of this subsection, if the natural parents are legally married to each other and are living together with the child, a grandparent may not file for visitation pursuant to this subsection.

2. Before ordering visitation, the court shall, in addition to the requirements of subsection 1 of this section, determine if the visitation by the grandparent would be in the child's best interests. Visitation may only be ordered when the court finds such visitation to be in the best interests of the child. The court may order reasonable conditions or restrictions on grandparent visitation.

3. If the court finds it to be in the best interests of the child, the court may appoint a guardian ad litem for the child. The guardian ad litem shall be an attorney licensed to practice law in Missouri. The guardian ad litem may, for the purpose of determining the question of grandparent visitation rights, participate in the proceedings as if such guardian ad litem were a party. The court shall enter judgment allowing a reasonable fee to the guardian ad litem.

4. A home study, as described by section 452.390, may be ordered by the court to assist in determining the best interests of the child.

5. The court may, in its discretion, consult with the child regarding the child's wishes in determining the best interest of the child.

6. The right of a grandparent to maintain visitation rights pursuant to this section may terminate upon the adoption of the child.

7. The court may award reasonable attorneys fees and expenses to the prevailing party.

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(L. 1977 S.B. 430 § 2, A.L. 1984 H.B. 1513, A.L. 1988 H.B. 1272, et al., A.L. 1996 S.B. 869, A.L. 1998 S.B. 674, A.L. 2002 S.B. 923, et al., A.L. 2004 H.B. 1453, A.L. 2019 S.B. 83)

(2000) The plain and ordinary meaning of "grandparent" in this section includes only the parents of a child's father or mother, not a step-grandparent. Hampton v. Hampton, 17 S.W.3d 599 (Mo.App.W.D.).

Notes of Decisions

Cited in 82 cases (9 in the last 5 years), 1980–2025 · leading case: Herndon v. Tuhey, 857 S.W.2d 203 (Mo. 1993).

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Herndon v. Tuhey, 857 S.W.2d 203 (Mo. 1993). · cites it 54× “This unfortunate situation has culminated in this action brought by the grandparents against Cody's parents seeking visitation rights with Cody under section 452.402, RSMo Supp.1992. The conclusion we reach today demonstrates once again that the law is very inadequate when it…”

Blakely v. Blakely, 83 S.W.3d 537 (Mo. 2002). · cites it 23× “The circuit court entered a judgment granting Grandparents two hours of visitation every 90 days, pursuant to section 452.402, RSMo 2000. Parents appeal, alleging that to the extent that section 452.”

Hanson v. Carroll, 527 S.W.3d 849 (Mo. 2017). · cites it 28× “This Court holds Grandparents’ petition fails to state a claim upon which relief can be granted because their petition does not set forth the requisite elements of grandparent visitation under section 452.402. 1 This Court further holds Grandparents cannot state a cause of…”

Bryan v. Garrison, 187 S.W.3d 900 (Mo. Ct. App. 2006). · cites it 42× “Bryan claims that section 452.402 does not contemplate visitation for a grandparent in amounts' consistent with parental visitation.”

In the Matter of the Adoption of E.n.c., Minor, 458 S.W.3d 387 (Mo. Ct. App. 2014). · cites it 25× “We note, however, that the Western District once found that a grandparent petitioner could seek visitation of a child under Section 452.402, RSMo Supp.1989, outside of a dissolution case, when it allowed visitation between a grandmother and child born out of wedlock even where…”

T.W. ex rel. R.W. v. T.H., 393 S.W.3d 144 (Mo. Ct. App. 2013). · cites it 18× “5(5), rather than pursuant to the grandparent-visitation statute found at section 452.402. The amended judgment stated that the statute permitted such an award to any other persons deemed suitable and able to provide an adequate and stable environment for the child if it is in…”

In Interest of Ray, 602 S.W.2d 955 (Mo. Ct. App. 1980). · cites it 21× “Pursuant to Section 452.402, RSMo 1978, the maternal grandparents of two minors filed a petition in the Juvenile Division of the Circuit Court of Buchanan County seeking reasonable visitation rights with their grandchildren.”

Noakes v. Noakes, 168 S.W.3d 589 (Mo. Ct. App. 2005). · cites it 16× “During the pendency of the original dissolution proceeding, the child’s paternal grandmother, Lenora Westhusing (Grandmother), and paternal step-grandfather, Michael Westhusing (Step-Grandfather), filed a motion to intervene and a motion for grandparents’ visitation, pursuant to…”

Corley v. Corley, 128 S.W.3d 521 (Mo. Ct. App. 2003). · cites it 17× “In her motion to modify, Mother challenged the constitutionality of the grandparent visitation rights statute, section 452.402, RSMo 2000, and sought to immediately suspend Grandparents’ visitation with Zachary.”

In Re The Matter Of: J.D.S. N/K/A J.G.S. Mickie & Michael Smith v. Amy Duesenberg, 482 S.W.3d 431 (Mo. Ct. App. 2016). · cites it 13× “*439 Duesenberg filed her Petition seeking visitation pursuant to Sections 452.402, 452.375.5, and 211.177.”

Hutton v. French, 231 S.W.3d 826 (Mo. Ct. App. 2007). · cites it 16× “” It also states, “The Court has also considered the provisions of § 452.402 RSMo, but has concerns about the applicability of that statute[.”

Barker v. Barker, 98 S.W.3d 532 (Mo. 2003). · cites it 8× “Any challenge to the facial validity of section 452.402 is foreclosed by this Court’s decision in Blakely.”

Show all 82 citing cases →

— Mo. Rev. Stat. § 452.402(7) — 3 cases

H.S.H. R.A.H. v. C.M.M., 60 S.W.3d 656 (Mo. Ct. App. 2001).

Hsh Ex Rel. Rah v. Cmm, 60 S.W.3d 656 (Mo. Ct. App. 2001).

C.T. v. J.L.L. (Mo. Ct. App. 2022).

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