Missouri Court of Appeals, Eastern District / Jun 8, 2021
X.P.E.L., By His Next Friend, C.T., and C.T., Individually, Appellants, vs. J.L.L., Respondent.
Grandmother C.T. appealed the trial court's denial of her amended petition for grandparent visitation with Child X.P.E.L., following Father J.L.L.'s paternity and custody action. Grandmother argued the trial court misapplied Section 452.402.1 by incorrectly measuring the denial period and by finding her ineligible under Subdivision (1). The appellate court affirmed, holding that Subdivision (1) of Section 452.402.1 applies exclusively to dissolution proceedings, not paternity or custody actions, and thus Grandmother could not satisfy the statutory prerequisite for visitation.