Q: Can step-parent adoption stop grandparents' visitation rights in Missouri?

I am considering a step-parent adoption for my child, whose biological father passed away a few years ago. Currently, there is a mediated visitation agreement with the grandparents, though it hasn't been signed by a judge. I haven't informed the grandparents about the potential adoption, but I am seeking to stop the visitations due to safety concerns. The grandparents have failed to secure my child in a seatbelt on public roads, and my child has been bitten by a dog while under their care. Additionally, the grandparents have engaged in stalking and harassment towards me. My partner, who is considering adoption, has lived with us for three years. Can a step-parent adoption terminate the grandparent's visitation rights, and how should I proceed given these circumstances?

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James L. Arrasmith
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A: In Missouri, a step-parent adoption can potentially affect the grandparents' visitation rights, but it does not automatically terminate them. The law allows grandparents to petition for visitation, and unless there is a compelling reason to restrict their access, such as safety concerns or harm to the child, their visitation rights may continue. However, if the adoption is finalized and the biological father’s rights are terminated, the grandparents’ standing to seek visitation could be limited.

In your situation, if you are concerned about the grandparents' actions and the safety of your child, it’s important to address these issues in a court of law. You may want to file a motion with the court to modify or terminate the visitation agreement based on the safety concerns you’ve mentioned, including the failure to use a seatbelt and the dog bite incident. Since you’ve already attempted mediation, involving the court may be necessary to ensure the safety and well-being of your child.

It’s important to seek legal advice on how to proceed with the adoption and how to properly handle the visitation issue. An attorney can guide you through the steps of filing for adoption and help you understand the potential impact on the grandparents' visitation rights. Additionally, if there are ongoing safety concerns, the court can take these into consideration when determining the child’s best interests.

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