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SECOND REGULAR SESSION
HOUSE BILL NO. 3433
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JAMISON.
7401H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 452.402, RSMo, and to enact in lieu thereof one new section relating to
grandparent visitation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 452.402, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 452.402, to read as follows:
452.402. 1. The court may grant reasonable visitation rights to the grandparents of
2 the child and issue any necessary orders to enforce the decree when a grandparent has been
3 unreasonably denied visitation for a period exceeding sixty days, and:
4 (1) The parents of the child have filed for a dissolution of their marriage. A
5 grandparent shall have the right to intervene in any dissolution action solely on the issue of
6 visitation rights. Grandparents shall also have the right to file a motion to modify the original
7 decree of dissolution to seek visitation rights when visitation has been denied to them;
8 (2) One parent of the child is deceased and the surviving parent denies reasonable
9 visitation to a parent of the deceased parent of the child; [ or ]
10 (3) The par ents of the child wer e never married and the paren t with custodial
11 rights has denied reas onable visitation to a grandpar ent; or
12 [ (3) ] (4) The child has resided in the grandparent's home for at least six months within
13 the twenty-four month period immediately preceding the filing of the petition.
14
15 [Except as otherwise provided in subdivision (1) of this subsection, if the natural parents are
16 legally married to each other and are living together with the child, a grandparent may not file
17 for visitation pursuant to this subsection.]
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 2. Notwithstanding any pr ovision of law , if a grandpar ent has been denied
19 r easonable visitation with a child for a period exceeding sixty days and an action
20 involving custody or visitation has been adjudicated, the grandpar ent may file seeking
21 visitation with the child. A grandpar ent also has the right to file a motion for an
22 independent action if no prior custody or visitation order exists to seek visitation rights
23 if reas onable visitation has been denied.
24 3. Before ordering visitation, the court shall, in addition to the requirements of
25 subsection 1 of this section, determine if the visitation by the grandparent would be in the
26 child's best interests. V isitation may only be ordered when the court finds such visitation to
27 be in the best interests of the child. The court may order reasonable conditions or restrictions
28 on grandparent visitation.
29 [ 3. ] 4. If the court finds it to be in the best interests of the child, the court may appoint
30 a guardian ad litem for the child. The guardian ad litem shall be an attorney licensed to
31 practice law in Missouri. The guardian ad litem may , for the purpose of determining the
32 question of grandparent visitation rights, participate in the proceedings as if such guardian ad
33 litem were a party . The court shall enter judgment allowing a reasonable fee to the guardian
34 ad litem.
35 [ 4. ] 5. A home study , as described by section 452.390, may be ordered by the court to
36 assist in determining the best interests of the child.
37 [ 5. ] 6. The court may , in its discretion, consult with the child regarding the child's
38 wishes in determining the best interest of the child.
39 [ 6. ] 7. The right of a grandparent to maintain visitation rights pursuant to this section
40 may terminate upon the adoption of the child.
41 [ 7. ] 8. The court may award reasonable attorneys fees and expenses to the prevailing
42 party .
43 9. V isitation pr ovided to a grandpar ent after filing an action under this section
44 shall not terminate or extinguish a grandpar ent's right to seek reli ef under this section.
45 If the parties reach an agr eement r egarding grandparen t visitation, the court may enter
46 an order confirming such agr eement if the agr eement is found to be in the best interes ts
47 of the child. The court may impose additional conditions or res trictions as found to be
48 appr opriate by the court.
✔
HB 3433 2