Legal Question in Family Law in Missouri

Grandparents have guardianship of mentally challenged 26 year old but won't let

My parents have guardianship of my mentally challenged son, 26 years old. Until moving to Missouri just recently, with my fiance, we were able to get my son and take him places, etc. when we lived in Kansas. I am disabled and have fibromyalgia. My fiance is also my caregiver because I could not take care of myself in some ways. Now because I have moved, my parents won't let me get my son for a visit ... for any reason and has threatened to call the police on me. I have never been declared an unfit mother. My son wants to come over so much and keeps begging. There is nothing in the guardianship papers that say I cannot bring him over.

My mother tends to be a very controlling person with power and if there is a buck to be made, that too. I love my son and he loves me and my fiance thinks the world of him. But according to my parents, they don't care about what my sons wants or his rights. He is in a duplex with others like him under the care of a place called Tri-Valley and has caregivers hired by them to help him. They have to abide by what my parents say or they get fired.

We really need some advice on this matter. Any help would be greatly appreciated.


Asked on 6/06/04, 10:38 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Grandparents have guardianship of mentally challenged 26 year old but won't

Your post does not state how your parents became guardians of your son. Were they appointed guardians by a Court? If so, what Court? It may be possible for you to petition the Court either for some specific rights of visitation or even a change in the guardianship itself. If this involves a case in the Eastern half of Missouri you may call me for a free telephone consultation at 314-727-2822. If not, you should consult with an attorney in the geographical area where the Court is located. Good luck.

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Answered on 6/07/04, 12:00 am


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