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BLAKELY v. BLAKELY

No. SC 83307.

83 S.W.3d 537 (2002)

Richard BLAKELY and Carol Blakely, Respondents, v. Dean BLAKELY and Shelly Blakely, Appellants.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing August 27, 2002.

Attorney(s) appearing for the Case

James D. Boggs, Kansas City, for Appellants.

Richard Blakely, Carol Blakely, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, State Solicitor, Jefferson City, for Amicus Curiae.

LAURA DENVIR STITH, Judge.

Dean and Shelly Blakely (Parents) refuse to permit Dean's parents, Richard and Carol Blakely (Grandparents), to visit with their grandchildren. The circuit court entered a judgment granting Grandparents two hours of visitation every 90 days, pursuant to section 452.402, RSMo 2000. Parents appeal, alleging that to the extent that section 452.402, on its face and as applied in this Court's decision in Herndon v. Tuhey,

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