In the Matter of: G.L.

Cape Girardeau, Missouri family law lawyers represented the parties in a child custody dispute.

Child was born to Mother and Father in 2021. At the time of Child's birth, Mother and Father were unmarried. In 2022, Child was removed from Mother's custody by Children's Division due to Mother and Child testing positive for drugs, and a juvenile court case was initiated. While the juvenile case was pending, Child was placed with Grandparents. At the time of placement, Child was nine months old, and Child has remained in the home of Grandparents ever since. In July of 2023, Grandparents petitioned for joint guardianship and conservatorship over Child. Child's Mother consented to the guardianship. Father was incarcerated during the duration of the case and did not consent to guardianship. In September of 2023, Paternal Grandmother moved to intervene, stating she wished to be considered as a guardian for Child.





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FAMILY LAW. GRANDPARENT VISITATION RIGHTS. The case examines whether a paternal grandmother had legal standing to seek visitation with a grandchild under Missouri's grandparent visitation statute, § 452.402, RSMo, in the absence of satisfying the statutory requirements, and addresses the circuit court's error in granting her visitation.



FAMILY LAW. GUARDIANSHIP AND CONSERVATORSHIP. The issue concerns the circuit court's decision to exclude a step-grandfather from serving as co-guardian and co-conservator, specifically whether the decision improperly relied on factors outside those listed in § 475.045.3, RSMo, for determining the suitability of guardians.



Key Phrases Maternal Grandmother guardianship. Paternal Grandmother visitation. Circuit court judgment. Grandparent visitation statute. Co-guardian petition.

Affirmed in part, reversed in part, and remanded.