Hanson v. CarrollAnnotate this Case
The Supreme Court affirmed the circuit court’s judgment dismissing the petition of Grandparents for visitation and custody of their grandson, over whom Guardians had guardianship. The circuit court concluded that Grandparents failed to state a claim upon which relief can be granted. The Supreme Court affirmed, holding (1) Grandparents’ petition failed to state a claim upon which relief can be granted because their petition did not set forth the requisite elements of grandparent visitation under Mo. Rev. Stat. 452.402; and (2) Grandparents failed to state a cause of action under Mo. Rev. Stat. 452.375.5(5)(a) for custody or visitation when letters of guardianship had been issued by the probate division.