405.021 Reasonable visitation rights to grandparents

405.021 Reasonable visitation rights to grandparents.

(1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal

or maternal grandparents of a child and issue any necessary orders to enforce

the decree if it determines that it is in the best interest of the child to do so.

Once a grandparent has been granted visitation rights under this subsection,

those rights shall not be adversely affected by the termination of parental

rights belonging to the grandparent's son or daughter, who is the father or

mother of the child visited by the grandparent, unless the Circuit Court

determines that it is in the best interest of the child to do so.

(b) If the parent of the child who is the son or daughter of the grandparent is

deceased, there shall be a rebuttable presumption that visitation with the

grandparent is in the best interest of the child if the grandparent can prove a

pre-existing significant and viable relationship with the child.

(c) In order to prove a significant and viable relationship under paragraph (b) of

this subsection, the grandparent shall prove by a preponderance of the

evidence that:

1. The child resided with the grandparent for at least six (6) consecutive

months with or without the current custodian present;

2. The grandparent was the caregiver of the child on a regular basis for at

least six (6) consecutive months;

3. The grandparent had frequent or regular contact with the child for at

least twelve (12) consecutive months; or

4. There exist any other facts that establish that the loss of the relationship

between the grandparent and the child is likely to harm the child.

(2) The action shall be brought in Circuit Court in the county in which the child resides.

(3) The Circuit Court may grant noncustodial parental visitation rights to the

grandparent of a child if the parent of the child who is the son or daughter of the

grandparent is deceased and the grandparent has assumed the financial obligation of

child support owed by the deceased parent, unless the court determines that the

visitation is not in the best interest of the child. If visitation is not granted, the

grandparent shall not be responsible for child support.