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HB2505 • 2026

Provides that a grandparent shall be given priority if it is in the best interest of the child to be placed in the custody of a third party

Provides that a grandparent shall be given priority if it is in the best interest of the child to be placed in the custody of a third party

Children
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Dolan, David (148)
Last action
2026-05-15
Official status
05/15/2026 - Placed on Informal Calendar - SA 1 adopted, SA 2 pending
Effective date
2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Provides that a grandparent shall be given priority if it is in the best interest of the child to be placed in the custody of a third party

Provides that a grandparent shall be given priority if it is in the best interest of the child to be placed in the custody of a third party

What This Bill Does

  • Provides that a grandparent shall be given priority if it is in the best interest of the child to be placed in the custody of a third party

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-05-15 Missouri House of Representatives and Missouri Senate

    Taken Up for Third Reading (S)

  2. 2026-05-15 Missouri House of Representatives and Missouri Senate

    SS Offered

  3. 2026-05-15 Missouri House of Representatives and Missouri Senate

    Placed on Informal Calendar - SA 1 adopted, SA 2 pending

  4. 2026-05-07 Missouri House of Representatives and Missouri Senate

    Placed on Informal Calendar

  5. 2026-04-28 Missouri House of Representatives and Missouri Senate

    SCS Reported Do Pass (S)

  6. 2026-04-15 Missouri House of Representatives and Missouri Senate

    Executive Session Held (S)

  7. 2026-04-15 Missouri House of Representatives and Missouri Senate

    SCS Voted Do Pass (S)

  8. 2026-04-08 Missouri House of Representatives and Missouri Senate

    Public Hearing Held (S)

  9. 2026-04-02 Missouri House of Representatives and Missouri Senate

    Public Hearing Scheduled (S) - Wednesday, April 8, 2026, 8:15 a.m., Senate Lounge - 3rd Floor

  10. 2026-03-30 Missouri House of Representatives and Missouri Senate

    Public Hearing Scheduled (S) - CANCELLED: Wednesday, April 1, 2020, 8:15 a.m., Senate Lounge-3rd Floor

  11. 2026-03-23 Missouri House of Representatives and Missouri Senate

    Second read and referred: Judiciary and Civil and Criminal Jurisprudence(S)

  12. 2026-03-11 Missouri House of Representatives and Missouri Senate

    Taken Up for Third Reading (H)

  13. 2026-03-11 Missouri House of Representatives and Missouri Senate

    Third Read and Passed (H) - AYES: 144 NOES: 0 PRESENT: 0

  14. 2026-03-11 Missouri House of Representatives and Missouri Senate

    Reported to the Senate and First Read (S)

  15. 2026-03-09 Missouri House of Representatives and Missouri Senate

    Taken Up for Perfection (H)

  16. 2026-03-09 Missouri House of Representatives and Missouri Senate

    Title of Bill - Agreed To

  17. 2026-03-09 Missouri House of Representatives and Missouri Senate

    HCS Adopted (H)

  18. 2026-03-09 Missouri House of Representatives and Missouri Senate

    Perfected (H)

  19. 2026-03-02 Missouri House of Representatives and Missouri Senate

    Placed on the Informal Perfection Calendar (H)

  20. 2026-02-23 Missouri House of Representatives and Missouri Senate

    Executive Session Completed (H)

  21. 2026-02-23 Missouri House of Representatives and Missouri Senate

    Voted Do Pass (H)

  22. 2026-02-23 Missouri House of Representatives and Missouri Senate

    Reported Do Pass (H) - AYES: 11 NOES: 0 PRESENT: 0

  23. 2026-02-18 Missouri House of Representatives and Missouri Senate

    Referred: Rules - Legislative(H)

  24. 2026-02-11 Missouri House of Representatives and Missouri Senate

    HCS Reported Do Pass (H) - AYES: 14 NOES: 0 PRESENT: 0

  25. 2026-02-10 Missouri House of Representatives and Missouri Senate

    Executive Session Completed (H)

  26. 2026-02-10 Missouri House of Representatives and Missouri Senate

    HCS Voted Do Pass (H)

  27. 2026-02-03 Missouri House of Representatives and Missouri Senate

    Public Hearing Completed (H)

  28. 2026-01-08 Missouri House of Representatives and Missouri Senate

    Read Second Time (H)

  29. 2026-01-08 Missouri House of Representatives and Missouri Senate

    Referred: Children and Families(H)

  30. 2026-01-07 Missouri House of Representatives and Missouri Senate

    Read First Time (H)

  31. 2025-12-17 Missouri House of Representatives and Missouri Senate

    Prefiled (H)

Official Summary Text

Provides that a grandparent shall be given priority if it is in the best interest of the child to be placed in the custody of a third party

Current Bill Text

Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILLS NOS. 2505 & 2044
103RD GENERAL ASSEMBLY
6301S.03C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 452.375, 452.410, and 452.423, RSMo, and to enact in lieu thereof four new
sections relating to the custody of children.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 452.375, 452.410, and 452.423, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 452.375, 452.381, 452.410, and 452.423, to 3
read as follows:4
452.375. 1. As used in this chapter, unless the 1
context clearly indicates otherwise: 2
(1) "Custody" means joint legal custody, sole legal 3
custody, joint physical custody or sole physical custody or 4
any combination thereof; 5
(2) "Joint legal custody" means that the parents share 6
the decision-making rights, responsibilities, and authority 7
relating to the health, education and welfare of the child, 8
and, unless allocated, apportioned, or decreed, the parents 9
shall confer with one another in the exercise of decision- 10
making rights, responsibilities, and authority; 11
(3) "Joint physical custody" means an order awarding 12
each of the parents significant, but not necessarily equal, 13
periods of time during which a child resides with or is 14
under the care and supervision of each of the parents. 15
SCS HCS HBs 2505 & 2044 2
Joint physical custody shall be shared by the parents in 16
such a way as to assure the child of frequent, continuing 17
and meaningful contact with both parents; 18
(4) "Third-party custody" means a third party 19
designated as a legal and physical custodian pursuant to 20
subdivision (5) of subsection 5 of this section. 21
2. The court shall determine custody in accordance 22
with the best interests of the child. There shall be a 23
rebuttable presumption that an award of equal or 24
approximately equal parenting time to each parent is in the 25
best interests of the child. Such presumption is rebuttable 26
only by a preponderance of the evidence in accordance with 27
all relevant factors, including, but not limited to, the 28
factors contained in subdivisions (1) to [(8)] (14) of this 29
subsection. The presumption may also be rebutted if the 30
court finds that the parents have reached an agreement on 31
all issues related to custody, or if the court finds that a 32
pattern of domestic violence has occurred as set out in 33
subdivision (6) of this subsection. When the parties have 34
not reached an agreement on all issues related to custody, 35
the court shall consider all relevant factors and enter 36
written findings of fact and conclusions of law, including, 37
but not limited to, the following: 38
(1) The wishes of the child's parents as to custody 39
and the proposed parenting plan submitted by both parties; 40
(2) [The needs of the child for a frequent, continuing 41
and meaningful relationship with both parents and the 42
ability and willingness of parents to actively perform their 43
functions as mother and father for the needs of the child] 44
The nature and quality of the child's existing relationship 45
with each parent, including, but not limited to, the child's 46
need for continuity, stability, and emotional security, and 47
SCS HCS HBs 2505 & 2044 3
the ability and willingness of each parent to actively 48
perform caregiving functions for the needs of the child. In 49
evaluating this factor, the court may consider, but shall 50
not be required to treat as a presumptive or paramount 51
concern, the frequency or quantity of contact between the 52
child and each parent, and shall instead weigh the overall 53
quality of each parent-child relationship against all other 54
factors enumerated in this subsection; 55
(3) The interaction and interrelationship of the child 56
with parents, siblings, and any other person who may 57
significantly affect the child's best interests; 58
(4) Which parent is more likely to allow the child 59
frequent, continuing and meaningful contact with the other 60
parent; 61
(5) The child's adjustment to the child's home, 62
school, and community. The fact that a parent sends his or 63
her child or children to a home school or FPE school shall 64
not be the sole factor that a court considers in determining 65
custody of such child or children; 66
(6) The mental and physical health of all individuals 67
involved, including any history of abuse of any individuals 68
involved. Where credible evidence is presented that a 69
parent has a current or prior diagnosis of a mental health 70
condition that may affect parenting capacity, the court 71
shall affirmatively evaluate the following: 72
(a) The nature and severity of the diagnosed condition; 73
(b) Whether the parent is currently engaged in 74
treatment with a licensed mental health professional, 75
including, but not limited to, psychotherapy, counseling, 76
psychiatric care, or medication management; 77
SCS HCS HBs 2505 & 2044 4
(c) The parent's degree of compliance with any 78
prescribed or recommended treatment plan, including 79
medication adherence, therapy attendance, and follow-up care; 80
(d) The extent to which the condition, if inadequately 81
treated or unmanaged, poses a risk to the child's physical 82
safety, emotional well-being, or developmental needs; and 83
(e) Any expert testimony or reports from licensed 84
mental health professionals regarding the parent's current 85
functioning, prognosis, and fitness to exercise custodial or 86
visitation responsibilities. 87
A diagnosis of a mental health condition alone shall not be 88
grounds for denying custody or visitation; however, a 89
parent's demonstrated pattern of noncompliance with 90
treatment, or refusal to engage in recommended treatment 91
when noncompliance has resulted in behavior detrimental to 92
the child, may be considered as a factor weighing against an 93
award of custody or unsupervised visitation to that parent. 94
If the court finds that a pattern of domestic violence as 95
defined in section 455.010 has occurred, and, if the court 96
also finds that awarding custody to the abusive parent is in 97
the best interest of the child, then the court shall enter 98
written findings of fact and conclusions of law. Custody 99
and visitation rights shall be ordered in a manner that best 100
protects the child and any other child or children for whom 101
the parent has custodial or visitation rights, and the 102
parent or other family or household member who is the victim 103
of domestic violence from any further harm; 104
(7) The child's need for stability, continuity of 105
care, and consistent routine, as well as the capacity of 106
each parent to provide a safe, stable, and developmentally 107
appropriate environment; 108
SCS HCS HBs 2505 & 2044 5
(8) The intention of either parent to relocate the 109
principal residence of the child; and 110
[(8)] (9) The unobstructed input of a child, free of 111
coercion and manipulation, as to the child's custodial 112
arrangement; 113
(10) Whether the child's present or past living 114
conditions have had, or are likely to have, an adverse 115
effect on the child's physical, mental, moral, or emotional 116
health or development, including, but not limited to, 117
exposure to substance abuse, domestic violence, or chronic 118
instability in the household; 119
(11) The ability of each parent to encourage and 120
facilitate a close and continuing relationship between the 121
child and the other parent, except where such contact would 122
be harmful to the child, and the willingness of each parent 123
to support the child's relationship with the other parent in 124
a manner free of manipulation, disparagement, or coercion; 125
(12) Whether the past pattern of involvement of each 126
parent with the child reflects a system of values, time 127
commitment, and mutual support that serves the child's 128
developmental needs, and the extent to which each parent has 129
historically participated in caregiving, decision-making, 130
and engagement with the child's educational, medical, and 131
extracurricular activities; 132
(13) The ability of each parent to place the needs of 133
the child ahead of his or her own needs, including the 134
parent's demonstrated capacity for prioritizing the child's 135
emotional security, developmental requirements, and day-to- 136
day welfare over personal preferences or conflicts with the 137
other parent; and 138
(14) The impact of any history of domestic violence, 139
as defined in section 455.010, on the child, regardless of 140
SCS HCS HBs 2505 & 2044 6
whether the child was a direct victim, including the effects 141
of exposure to coercive control, intimidation, or fear 142
within the household on the child's emotional, 143
psychological, and behavioral functioning. 144
3. (1) In any court proceedings relating to custody 145
of a child, the court shall not award custody or 146
unsupervised visitation of a child to a parent if such 147
parent or any person residing with such parent has been 148
found guilty of, or pled guilty to, any of the following 149
offenses when a child was the victim: 150
(a) A felony violation of section 566.030, 566.031, 151
566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 152
566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 153
566.203, 566.206, 566.209, 566.211, or 566.215; 154
(b) A violation of section 568.020; 155
(c) A violation of subdivision (2) of subsection 1 of 156
section 568.060; 157
(d) A violation of section 568.065; 158
(e) A violation of section 573.200; 159
(f) A violation of section 573.205; or 160
(g) A violation of section 568.175. 161
(2) For all other violations of offenses in chapters 162
566 and 568 not specifically listed in subdivision (1) of 163
this subsection or for a violation of an offense committed 164
in another state when a child is the victim that would be a 165
violation of chapter 566 or 568 if committed in Missouri, 166
the court may exercise its discretion in awarding custody or 167
visitation of a child to a parent if such parent or any 168
person residing with such parent has been found guilty of, 169
or pled guilty to, any such offense. 170
4. The general assembly finds and declares that it is 171
the public policy of this state that [frequent, continuing 172
SCS HCS HBs 2505 & 2044 7
and meaningful contact with both parents after the parents 173
have separated or dissolved their marriage is in the best 174
interest of the child, except for cases where the court 175
specifically finds that such contact is not in the best 176
interest of the child, and that it is the public policy of 177
this state to encourage parents to participate in decisions 178
affecting the health, education and welfare of their 179
children, and to resolve disputes involving their children 180
amicably through alternative dispute resolution], when 181
consistent with the best interests of the child, maintaining 182
a meaningful relationship with both parents after the 183
parents have separated or dissolved their marriage should be 184
facilitated by the court. This policy shall not operate as 185
a presumption in favor of any particular custody 186
arrangement, and the court retains full discretion to 187
determine that the child's safety, emotional well-being, 188
developmental needs, or other best-interest factors outweigh 189
the interest in maximizing parenting time with both 190
parents. It is further the public policy of this state to 191
encourage parents to participate in decisions affecting the 192
health, education, and welfare of their children, and to 193
resolve disputes involving their children amicably through 194
alternative dispute resolution. In order to effectuate 195
these policies, the general assembly encourages the court to 196
enter a temporary parenting plan as early as practicable in 197
a proceeding under this chapter, consistent with the 198
provisions of subsection 2 of this section, and, in so 199
doing, the court shall determine the custody arrangement 200
[which will best assure both parents participate in such 201
decisions and have frequent, continuing and meaningful 202
contact with their children so long as it is in the best 203
interests of the child] that best serves the child's overall 204
SCS HCS HBs 2505 & 2044 8
well-being as measured by the totality of the factors 205
enumerated in subsection 2 of this section. 206
5. Prior to awarding the appropriate custody 207
arrangement in the best interest of the child, the court 208
shall consider each of the following as follows: 209
(1) Joint physical and joint legal custody to both 210
parents, which shall not be denied solely for the reason 211
that one parent opposes a joint physical and joint legal 212
custody award. The residence of one of the parents shall be 213
designated as the address of the child for mailing and 214
educational purposes; 215
(2) Joint physical custody with one party granted sole 216
legal custody. The residence of one of the parents shall be 217
designated as the address of the child for mailing and 218
educational purposes; 219
(3) Joint legal custody with one party granted sole 220
physical custody; 221
(4) Sole custody to either parent; or 222
(5) Third-party custody or visitation: 223
(a) When the court finds that each parent is unfit, 224
unsuitable, or unable to be a custodian, or the welfare of 225
the child requires, and it is in the best interests of the 226
child, then custody, temporary custody or visitation may be 227
awarded to a person related by consanguinity or affinity to 228
the child with priority given to the grandparent or 229
grandparents of the child. If no person related to the 230
child by consanguinity or affinity is willing to accept 231
custody, then the court may award custody to any other 232
person or persons deemed by the court to be suitable and 233
able to provide an adequate and stable environment for the 234
child. Before the court awards custody, temporary custody 235
SCS HCS HBs 2505 & 2044 9
or visitation to a third person under this subdivision, the 236
court shall make that person a party to the action; 237
(b) Under the provisions of this subsection, any 238
person may petition the court to intervene as a party in 239
interest at any time as provided by supreme court rule. 240
6. If the parties have not agreed to a custodial 241
arrangement, or the court determines such arrangement is not 242
in the best interest of the child, the court shall include a 243
written finding in the judgment or order based on the public 244
policy in subsection 4 of this section and each of the 245
factors listed in subdivisions (1) to [(8)] (14) of 246
subsection 2 of this section detailing the specific relevant 247
factors that made a particular arrangement in the best 248
interest of the child. If a proposed custodial arrangement 249
is rejected by the court, the court shall include a written 250
finding in the judgment or order detailing the specific 251
relevant factors resulting in the rejection of such 252
arrangement. 253
7. Upon a finding by the court that either parent has 254
refused to exchange information with the other parent, which 255
shall include but not be limited to information concerning 256
the health, education and welfare of the child, the court 257
shall order the parent to comply immediately and to pay the 258
prevailing party a sum equal to the prevailing party's cost 259
associated with obtaining the requested information, which 260
shall include but not be limited to reasonable attorney's 261
fees and court costs. 262
8. As between the parents of a child, no preference 263
may be given to either parent in the awarding of custody 264
because of that parent's age, sex, or financial status, nor 265
because of the age or sex of the child. The court shall not 266
presume that a parent, solely because of his or her sex, is 267
SCS HCS HBs 2505 & 2044 10
more qualified than the other parent to act as a joint or 268
sole legal or physical custodian for the child. 269
9. Any judgment providing for custody shall include a 270
specific written parenting plan setting forth the terms of 271
such parenting plan arrangements specified in subsection 8 272
of section 452.310. Such plan may be a parenting plan 273
submitted by the parties pursuant to section 452.310 or, in 274
the absence thereof, a plan determined by the court, but in 275
all cases, the custody plan approved and ordered by the 276
court shall be in the court's discretion and shall be in the 277
best interest of the child. 278
10. After August 28, 2016, every court order 279
establishing or modifying custody or visitation shall 280
include the following language: "In the event of 281
noncompliance with this order, the aggrieved party may file 282
a verified motion for contempt. If custody, visitation, or 283
third-party custody is denied or interfered with by a parent 284
or third party without good cause, the aggrieved person may 285
file a family access motion with the court stating the 286
specific facts that constitute a violation of the custody 287
provisions of the judgment of dissolution, legal separation, 288
or judgment of paternity. The circuit clerk will provide 289
the aggrieved party with an explanation of the procedures 290
for filing a family access motion and a simple form for use 291
in filing the family access motion. A family access motion 292
does not require the assistance of legal counsel to prepare 293
and file.". 294
11. No court shall adopt any local rule, form, or 295
practice requiring a standardized or default parenting plan 296
for interim, temporary, or permanent orders or judgments. 297
Notwithstanding any other provision of law to the contrary, 298
a court may enter an interim order in a proceeding under 299
SCS HCS HBs 2505 & 2044 11
this chapter, provided that the interim order shall not 300
contain any provisions about child custody or a parenting 301
schedule or plan without first providing the parties with 302
notice and a hearing, unless the parties otherwise agree. 303
12. Unless a parent has been denied custody rights 304
pursuant to this section or visitation rights under section 305
452.400, both parents shall have access to records and 306
information pertaining to a minor child including, but not 307
limited to, medical, dental, and school records. If the 308
parent without custody has been granted restricted or 309
supervised visitation because the court has found that the 310
parent with custody or any child has been the victim of 311
domestic violence, as defined in section 455.010, by the 312
parent without custody, the court may order that the reports 313
and records made available pursuant to this subsection not 314
include the address of the parent with custody or the 315
child. A court shall order that the reports and records 316
made available under this subsection not include the address 317
of the parent with custody if the parent with custody is a 318
participant in the address confidentiality program under 319
section 589.663. Unless a parent has been denied custody 320
rights pursuant to this section or visitation rights under 321
section 452.400, any judgment of dissolution or other 322
applicable court order shall specifically allow both parents 323
access to such records and reports. 324
13. Except as otherwise precluded by state or federal 325
law, if any individual, professional, public or private 326
institution or organization denies access or fails to 327
provide or disclose any and all records and information, 328
including, but not limited to, past and present dental, 329
medical and school records pertaining to a minor child, to 330
either parent upon the written request of such parent, the 331
SCS HCS HBs 2505 & 2044 12
court shall, upon its finding that the individual, 332
professional, public or private institution or organization 333
denied such request without good cause, order that party to 334
comply immediately with such request and to pay to the 335
prevailing party all costs incurred, including, but not 336
limited to, attorney's fees and court costs associated with 337
obtaining the requested information. 338
14. An award of joint custody does not preclude an 339
award of child support pursuant to section 452.340 and 340
applicable supreme court rules. The court shall consider 341
the factors contained in section 452.340 and applicable 342
supreme court rules in determining an amount reasonable or 343
necessary for the support of the child. 344
15. If the court finds that domestic violence or abuse 345
as defined in section 455.010 has occurred, the court shall 346
make specific findings of fact to show that the custody or 347
visitation arrangement ordered by the court best protects 348
the child and the parent or other family or household member 349
who is the victim of domestic violence, as defined in 350
section 455.010, and any other children for whom such parent 351
has custodial or visitation rights from any further harm. 352
452.381. 1. During the pendency of an action seeking 1
a modification of any judgment pertaining to child custody 2
or visitation, upon the motion of any party and with notice 3
to all other parties and after a hearing, the court may make 4
temporary orders relative to the custody and visitation of 5
the child subject to the judgment being modified. Any such 6
order shall remain in effect until the disposition of the 7
motion to modify or until further order of the court. 8
2. Notwithstanding the provisions of subsection 1 of 9
this section to the contrary, an order entered relative to 10
custody or visitation under this section may be entered 11
SCS HCS HBs 2505 & 2044 13
without notice to opposing parties if the court finds that 12
an emergency exists, the nature of which requires the court 13
to act before opposing parties can be heard in opposition, 14
including, but not limited to, an emergency in which the 15
child faces immediate or imminent risk of physical harm, 16
emotional harm, psychological injury, or medical neglect 17
because of: 18
(1) A parent's deteriorating mental health, as 19
evidenced by observable behavior, professional reports, or 20
other credible evidence; 21
(2) A parent's failure to comply with a prescribed or 22
recommended treatment plan for a diagnosed mental health 23
condition, where such noncompliance has resulted in or is 24
reasonably likely to result in conduct that endangers the 25
child; 26
(3) Reports from licensed medical or mental health 27
professionals indicating a parent's instability, 28
decompensation, or inability to safely exercise custodial or 29
visitation responsibilities; 30
(4) A pattern of emotional volatility, coercive 31
behavior, or erratic conduct by a parent that creates a 32
substantial risk of harm to the child; or 33
(5) A parent's refusal to submit to a mental health 34
evaluation when ordered by the court pursuant to subsection 35
7 of this section or section 452.375. 36
In all such cases, the order shall be for a period not to 37
exceed fifteen days or until further order of the court, and 38
written notice of the issuance of any such order and the 39
reasons for it shall be given to opposing parties, along 40
with notice of the date, time, and place that a hearing on 41
the continuation of the order will be held. 42
SCS HCS HBs 2505 & 2044 14
3. No temporary order shall deny parenting time to a 43
parent or any other party granted custody or visitation 44
under the judgment for which modification is sought, unless 45
the court finds that parenting time is likely to cause 46
physical or emotional harm to the child. 47
4. If temporary parenting time is ordered, the court 48
may also order temporary child support or temporarily modify 49
any existing child support orders if requested by any party. 50
5. A temporary parenting plan issued under this 51
section shall not prejudice the rights of the parties or the 52
child that are to be adjudicated at subsequent hearings in 53
the proceeding. 54
6. Dismissal of the motion to modify shall 55
automatically vacate any temporary order issued under this 56
section. 57
7. In any proceeding under this section in which a 58
parent's mental health is at issue, the court may order an 59
independent mental health evaluation of any parent by a 60
licensed mental health professional. The evaluator shall 61
submit a written report to the court addressing the parent's 62
current diagnosis, treatment compliance, functional capacity 63
for parenting, and any recommended safeguards or conditions 64
on custody or visitation. The cost of such evaluation shall 65
be apportioned by the court as it deems equitable. 66
452.410. 1. Except as provided in subsection 2 of 1
this section, the court shall not modify a prior custody 2
decree unless it has jurisdiction under the provisions of 3
section 452.745 and it finds, upon the basis of facts that 4
have arisen since the prior decree or that were unknown to 5
the court at the time of the prior decree, that a change has 6
occurred in the circumstances of the child or his custodian 7
and that the modification is necessary to serve the best 8
SCS HCS HBs 2505 & 2044 15
interests of the child. Notwithstanding any other provision 9
of this section or sections 452.375 and 452.400 to the 10
contrary, any custody order entered by any court in this 11
state or any other state may, subject to jurisdictional 12
requirements, be modified to allow for joint custody or 13
visitation only in accordance with section 452.375, 452.400, 14
452.402, or 452.403. 15
2. If either parent files a motion to modify an award 16
of joint legal custody or joint physical custody, each party 17
shall be entitled to a change of judge as provided by 18
supreme court rule. 19
3. If the parties have agreed to terms for 20
modification of custody or visitation of the child, the 21
parties may submit to the court a proposed parenting plan 22
signed, under oath, by all parties having rights of custody 23
or visitation under the existing custody or visitation 24
judgment. The proposed plan shall be accompanied by a 25
motion, signed under oath by all parties, requesting a 26
modification of the existing parenting plan and no statement 27
of any changes in circumstances shall be required. If the 28
court determines that the proposed plan is in the child's 29
best interests, then the court shall enter an order granting 30
custody or visitation according to the proposed parenting 31
plan as soon as possible following the filing. 32
4. As used in this section and in cases where one or 33
more children subject to a custody order have special needs 34
or disabilities, a change of circumstances may include one 35
parent's neglect or harm of the best interests of the child 36
or children with special needs or disabilities. A change of 37
circumstances under this section may also include a 38
custodial parent's failure to comply with a prescribed or 39
recommended treatment plan for a diagnosed mental health 40
SCS HCS HBs 2505 & 2044 16
condition, where such noncompliance has materially impaired 41
the parent's ability to meet the particular caregiving, 42
therapeutic, medical, or developmental needs of the child or 43
children with special needs or disabilities. In evaluating 44
a motion to modify under this section, the court shall 45
consider any evidence of the parent's current mental health 46
status, treatment compliance, and the impact of any 47
noncompliance on the child's safety, stability, and access 48
to necessary services. 49
452.423. 1. In all proceedings for child custody or 1
for dissolution of marriage or legal separation where 2
custody, visitation, or support of a child is a contested 3
issue, the court may appoint a guardian ad litem. 4
Disqualification of a guardian ad litem shall be ordered in 5
any legal proceeding only pursuant to this chapter, upon the 6
filing of a written application by any party within ten days 7
of appointment, or within ten days of August 28, 1998, if 8
the appointment occurs prior to August 28, 1998. Each party 9
shall be entitled to one disqualification of a guardian ad 10
litem appointed under this subsection in each proceeding, 11
except a party may be entitled to additional 12
disqualifications of a guardian ad litem for good cause 13
shown. 14
2. The court shall appoint a guardian ad litem in any 15
proceeding in which child abuse or neglect is alleged. 16
3. The guardian ad litem shall: 17
(1) Be the legal representative of the child at the 18
hearing, and may examine, cross-examine, subpoena witnesses 19
and offer testimony; 20
(2) Prior to the hearing, conduct all necessary 21
interviews with persons having contact with or knowledge of 22
the child in order to ascertain the child's wishes, 23
SCS HCS HBs 2505 & 2044 17
feelings, attachments and attitudes. If appropriate, the 24
child should be interviewed; 25
(3) Review relevant medical, educational, and 26
therapeutic records and consult treating professionals when 27
appropriate, assess special medical or developmental needs, 28
and evaluate household stability and continuity of care; and 29
(4) Request the juvenile officer to cause a petition 30
to be filed in the juvenile division of the circuit court if 31
the guardian ad litem believes the child alleged to be 32
abused or neglected is in danger. 33
4. The guardian ad litem shall submit a written report 34
summarizing the investigative steps taken and the factual 35
basis for any recommendations. The court shall review the 36
report to ensure compliance with the provisions of this 37
section and any other duties required under law prior to 38
adopting any of the recommendations contained within. 39
5. The appointing judge shall require the guardian ad 40
litem to faithfully discharge such guardian ad litem's 41
duties, and upon failure to do so shall discharge such 42
guardian ad litem and appoint another. The judge in making 43
appointments pursuant to this section shall give preference 44
to persons who served as guardian ad litem for the child in 45
the earlier proceeding, unless there is a reason on the 46
record for not giving such preference. 47
[5.] 6. The guardian ad litem shall be awarded a 48
reasonable fee for such services to be set by the court. 49
The court, in its discretion, may: 50
(1) Issue a direct payment order to the parties. If a 51
party fails to comply with the court's direct payment order, 52
the court may find such party to be in contempt of court; or 53
(2) Award such fees as a judgment to be paid by any 54
party to the proceedings or from public funds. Such an 55
SCS HCS HBs 2505 & 2044 18
award of guardian fees shall constitute a final judgment in 56
favor of the guardian ad litem. Such final judgment shall 57
be enforceable against the parties in accordance with 58
chapter 513. 59
7. A guardian ad litem appointed under this section 60
shall have received training in child development, trauma- 61
informed practices, domestic violence dynamics, coercive 62
control, mental health disorders affecting parenting 63
capacity, and considerations for children with special 64
needs. Such training may be part of any training or 65
education otherwise required of a guardian ad litem under 66
law. 67
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