Whoberry v. Whoberry

SHRUM, Presiding Judge.

This is a domestic relations case that involves part of the grandparent visitation statute. The subsections implicated are § 452.402.1(1) (allowing grandparents to intervene in them child’s dissolution case and seek visitation) and § 452.402.2 (authorizing’ grandparent visitation only when visits are in child’s best interest).1 The narrow question presented is whether Herndon v. Tuhey, 857 S.W.2d 203 (Mo.banc 1993), and the limits on grandparent visitation imposed by that case, constrained the trial court so that, as a matter of law, it could grant this intervening…