Located in downtown Kansas City and serving clients throughout the Kansas City metro area, our firm specializes in grandparents' rights cases in both Missouri and Kansas. We help grandparents navigate the complex legal requirements to obtain court-ordered visitation or custody when it is in the best interests of the child.
Why Choose Us
At Moreno Law LLC, Kansas City family law attorney Anthony Moreno has extensive experience helping grandparents understand and enforce their rights under Missouri and Kansas law. We provide knowledgeable legal representation while maintaining a compassionate approach during these emotionally difficult situations.
Our firm handles all aspects of grandparents' rights cases, including:
- Evaluating whether your situation meets legal requirements
- Filing petitions for visitation or custody
- Representing you in court proceedings
- Negotiating with parents and their attorneys
- Facilitating mediation when appropriate
- Modifying existing visitation orders when circumstances change
Advantages
Experienced Legal Representation
Anthony Moreno answers 99% of phone calls personally and provides after-hours consultations for client convenience.
Bilingual Services
We understand that family law matters can be particularly challenging when language barriers exist. Our firm provides legal services in Spanish to better serve the Hispanic community in Kansas City. Hablamos español y estamos aquí para ayudarle con sus derechos como abuelo.
Comprehensive Knowledge
Deep understanding of both Missouri and Kansas grandparents' rights statutes and court procedures.
Compassionate Approach
We recognize the emotional difficulty of these cases and provide supportive guidance throughout the legal process.
Practice Areas
Missouri Grandparents' Rights
Missouri law allows grandparents to petition for visitation rights under specific circumstances when certain threshold requirements are met.
Kansas Grandparents' Rights
Kansas also recognizes grandparents' rights under specific circumstances, with courts considering requests when conditions are met.
Visitation Rights
Helping grandparents obtain court-ordered visitation when parents deny reasonable access to grandchildren.
Custody Rights
Representing grandparents seeking custody when it serves the best interests of the child.
Mediation Services
Facilitating resolution of visitation disputes without the emotional and financial costs of litigation.
Compensation
Compensation: Legal Remedies Available in Kansas City Grandparents' Rights Cases
At Moreno Law LLC, we fight to secure meaningful legal remedies that restore and protect the precious relationship between grandparents and their grandchildren. Our experienced Kansas City grandparents' rights attorney works diligently to obtain court-ordered solutions that serve the best interests of both grandparents and children.
Visitation Rights We Pursue
Court-Ordered Visitation Schedules: Regular, scheduled visitation time that cannot be arbitrarily denied by parents, including weekends, holidays, and extended summer visits.
Overnight Visitation Privileges: Extended visits that allow for deeper bonding and meaningful relationship building between grandparents and grandchildren.
Holiday and Special Occasion Access: Guaranteed time during important holidays, birthdays, school events, and other significant milestones in the child's life.
Vacation and Extended Visit Rights: Longer periods of visitation during school breaks and summer months to maintain strong family connections.
Communication Rights: Court-protected rights to phone calls, video chats, text messages, and other forms of regular communication between visits.
School and Activity Participation: Rights to attend school events, extracurricular activities, medical appointments, and other important moments in the child's development.
Custody Rights We Secure
Primary Physical Custody: In cases where parents are unfit or unavailable, we seek full physical custody to provide a stable, loving home environment.
Joint Legal Custody: Shared decision-making authority regarding the child's education, healthcare, religious upbringing, and other major life decisions.
Emergency Custody Protection: Immediate custody rights when children face danger or neglect in their current living situation.
Guardianship Arrangements: Legal guardianship that provides comprehensive authority to care for and make decisions on behalf of grandchildren.
Temporary Custody Orders: Short-term custody arrangements while other family law matters are being resolved in court.
Protective Legal Measures
Restraining Orders Against Interference: Court orders preventing parents from unreasonably interfering with established grandparent-grandchild relationships.
Contempt of Court Enforcement: Legal action against parents who violate court-ordered visitation or custody arrangements.
Modification of Existing Orders: Updates to visitation or custody arrangements when circumstances change or when current orders are not being followed.
Interstate Custody Protection: Legal measures to prevent parents from relocating children to other states to avoid grandparent visitation orders.
Financial Responsibility Recovery
Attorney Fees and Court Costs: In appropriate cases, we seek recovery of legal fees and court costs from parents who unreasonably deny grandparent access.
Travel and Transportation Expenses: Reimbursement for costs incurred when parents fail to facilitate court-ordered visitation exchanges.
Missed Visitation Compensation: Make-up visitation time and additional remedies when parents violate court orders.
Long-Term Relationship Protection
Permanent Visitation Orders: Lasting legal arrangements that protect grandparent-grandchild relationships throughout the child's minority.
Educational and Medical Information Access: Rights to receive school reports, medical records, and other important information about the grandchild's wellbeing.
Inheritance and Legacy Rights: Protection of grandchildren's rights to maintain family connections that may affect future inheritance and family legacy.
Extended Family Integration: Court recognition of the importance of maintaining broader family relationships with cousins, aunts, uncles, and other relatives.
The compensation we seek extends far beyond monetary damages – we fight for the irreplaceable value of family bonds and the fundamental right of children to know and love their grandparents. Every case is unique, and the specific remedies available depend on your individual circumstances and the best interests of your grandchildren.
Common Injuries
Divorce Situations
When parents divorce, grandparents may find their access to grandchildren suddenly restricted, especially if they had a close relationship with the parent who receives less custody time.
Death of Adult Child
When a grandparent's adult child dies, the surviving parent may restrict or deny the grandparent's access to their grandchildren.
Extended Care Situations
When grandchildren have lived with their grandparents for extended periods (six months or more in the last two years).
Adoption by Relatives
When a child is adopted by a stepparent, blood relative, or other grandparent, original grandparents may still have rights to maintain contact.
Intact Family Denial
When both parents are married and living together but deny grandparent visitation without reasonable cause.
Legal Information
Do Missouri and Kansas Recognize Grandparents' Rights?
Yes, both Missouri and Kansas have specific statutes that recognize grandparents' rights to visitation and, in certain circumstances, custody of their grandchildren. The Missouri and Kansas Supreme Courts have both held that grandparent visitation and custody statutes are constitutional, even though parents have fundamental rights to make decisions about their children.
However, grandparents' rights are not automatic. Courts in both states give considerable deference to the wishes of parents, especially in intact families where both parents are married and living together. If both parents object to grandparent visitation, it can be challenging to obtain court-ordered access unless specific legal requirements are met.
When Can Grandparents Seek Visitation Rights in Missouri?
Missouri law allows grandparents to petition for visitation rights under specific circumstances. The court will only consider granting grandparent visitation if certain threshold requirements are met and if visitation would be in the best interests of the child.
Required Circumstances for Missouri Grandparent Visitation:
- The child's parents have filed for divorce or annulment
- One parent is deceased and the surviving parent is denying reasonable visitation
- The child has lived with the grandparent for at least six months within the last two years
- The grandparent has been unreasonably denied visitation for more than 90 days
- The child has been adopted by a blood relative, stepparent, or other grandparent
The 90-Day Rule in Missouri
One fundamental requirement in Missouri is that grandparents must have been denied contact with their grandchildren for a period of 90 days or more before they can petition the court. This threshold ensures that grandparents have been denied meaningful contact before seeking court intervention.
Kansas Grandparents' Rights Law
Kansas also recognizes grandparents' rights under specific circumstances, though the requirements may differ slightly from Missouri law. Kansas courts will consider grandparent visitation requests when certain conditions are met and when visitation serves the child's best interests.
When Kansas Courts May Grant Grandparent Visitation:
- The parents have divorced or are seeking divorce
- One parent has died and the surviving parent restricts access
- The child has resided with the grandparent for an extended period
- The grandparent has been denied reasonable visitation for 60 days or more
- Other circumstances where the court determines visitation is in the child's best interests
Best Interests of the Child Standard
In both Missouri and Kansas, courts use the "best interests of the child" standard when determining whether to grant grandparent visitation or custody rights. This means the court will consider various factors to determine if contact with grandparents would benefit the child or potentially harm the child's physical health or emotional development.
Process
Court Process for Grandparents' Rights Cases
When parents and grandparents cannot reach an agreement, the court may need to make a determination about visitation rights. The legal process typically involves several steps:
Filing the PetitionGrandparents must file a formal petition with the court requesting visitation or custody rights. This petition must demonstrate that the legal requirements for grandparent rights have been met.
Burden of ProofIt is the grandparent's burden to prove they are qualified, appropriate, and fit for custody or visitation rights. Grandparents must also demonstrate that contact with them would be in the child's best interests.
Court InvestigationThe court may order various investigations to help determine what is best for the child, including:
- Appointment of a guardian ad litem to represent the child's interests
- Home studies of the grandparent's living situation
- Mental health evaluations if needed
- Interviews with the child, if age-appropriate
Grandparents' Rights in Intact vs. Broken Families
The legal landscape differs significantly depending on whether the child's parents are still married and living together (intact family) or if the family has been disrupted by divorce, death, or other circumstances.
Intact FamiliesWhen both parents are married and living together, Missouri and Kansas courts strongly favor keeping the family unit intact. Courts presume that it is in the child's best interests to remain under the care of their natural parents without court-ordered grandparent visitation.
Broken FamiliesWhen families are disrupted by divorce, death of a parent, or other circumstances, courts are more willing to consider grandparent visitation requests. The unconditional love and stability that grandparents can provide is often seen as beneficial to children during difficult family transitions.
Insurance Company
Not applicable for legal services.
Frequently Asked Questions
Can a parent deny a grandparent visitation in Missouri?
Yes, parents have fundamental rights to make decisions about their children. However, if specific legal requirements are met and grandparents have been denied visitation for 90+ days, they can petition the court for visitation rights.
Does Missouri have grandparents rights?
Yes, Missouri has specific statutes recognizing grandparents' rights to visitation and custody under certain circumstances, including divorce, death of a parent, or when the child has lived with grandparents.
Does the state of Missouri have grandparents rights?
Yes, the Missouri Supreme Court has held that grandparent visitation statutes are constitutional, allowing grandparents to seek court-ordered visitation when legal requirements are met.
What are the reasons grandparents can file for custody of grandchild in Missouri?
Grandparents can seek custody when it's in the child's best interests, particularly when parents are unfit, deceased, or when the child has resided with grandparents for extended periods.
How long do grandparents have to be denied visitation before they can file in Missouri?
Grandparents must be denied visitation for more than 90 days before they can petition the court for visitation rights in Missouri.
Can grandparents get visitation rights in Kansas?
Yes, Kansas recognizes grandparents' rights and allows them to petition for visitation when certain circumstances are met, including divorce, death of a parent, or denial of reasonable visitation for 60+ days.
Service Areas
Moreno Law LLC serves grandparents throughout the Kansas City metropolitan area in both Missouri and Kansas. Our downtown Kansas City location makes us easily accessible to clients from:
- Kansas City, Missouri
- Kansas City, Kansas
- Independence, Missouri
- Overland Park, Kansas
- Lee's Summit, Missouri
- Olathe, Kansas
- Shawnee, Kansas
- Liberty, Missouri
- Blue Springs, Missouri
- Lenexa, Kansas
