Lora Martinez Missouri Cases

Alicia Smith sought third-party visitation rights for minor children A.L.P. and S.H.P. after Lora Martinez, the children's adoptive parent, was granted parental rights in a separate adoption proceeding. The circuit court granted Smith visitation, and Martinez appealed. The Supreme Court reversed, holding that section 452.375.5(5)(a) does not create an independent cause of action for third-party custody or visitation when custody is not already at issue in an underlying proceeding, such as a divorce or paternity action. Consequently, Smith's claim for visitation and her subsequent family access motion failed.

Alicia Smith sought third-party visitation rights with two children adopted by Lora Martinez, based on a settlement agreement. Martinez appealed the circuit court's judgment, arguing Smith lacked standing under § 452.375.5(5) and that she had not consented to the entry of judgment. The appellate court affirmed both the judgment awarding visitation and the judgment granting Smith's family access motion. The court held that Smith had standing because adoption proceedings do not determine child custody, and Martinez's agreement to the visitation schedule at the time of submission was binding despite later objections.