Missouri Court of Appeals, Western District / Nov 21, 2023
Elaine Payne vs. Lindsey R. Nilsson and Joshua D. Platz
Parents Lindsey Nilsson and Joshua Platz appealed the circuit court's judgment granting third-party visitation rights to Child's maternal grandmother, Elaine Payne. The circuit court had awarded Grandmother unsupervised visitation based on a finding that it would be in Child's best interests. The appellate court reversed, holding that the evidence was insufficient to prove Child's welfare required third-party visitation, which is a necessary prerequisite under Section 452.375.5(5) to rebut the presumption that natural parents are fit to make decisions.