SB 1192 - This act modifies the grandparent visitation law. Section 452.402, RSMo, currently allows the court to grant grandparent visitation in certain situations. As modified by this act, the situations are as follows:

1) When the parents are getting divorced or are divorced and have denied visitation;

2) When one parent of the child is deceased and the surviving parent denies visitation to a parent of the deceased parent of the child;

3) When the child has lived in the grandparent's home for at least six months of the previous two years;

4) When a grandparent has been denied visitation for over ninety days, however, if the natural parents are married and living together, then the grandparent may not file for unsupervised visitation; or

5) The child is adopted by a stepparent, another grandparent, or relative.

Currently, in subsection 2 of Section 452.402, RSMo, the court must decide if the grandparent visitation would be in the child's best interests. New language provides that if the natural parents are currently married and living together, then a rebuttable presumption exists that the parents know what is in the best interest of the child.

This act is identical to SB 296 (2001).
ERIN MOTLEY