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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 BILL NO. 1013
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
3859S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 452.375, RSMo, and to enact in lieu thereof one new section relating to child
custody.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 452.375, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 452.375, 2
to read as follows:3
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
Joint physical custody shall be shared by the parents in 16
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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)] (9) of this 29
subsection. The presumption may be rebutted if the court 30
finds that the parents have reached an agreement on all 31
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)] (7) of this subsection. When the parties 34
have not reached an agreement on all issues related to 35
custody, the court shall consider all relevant factors and 36
enter written findings of fact and conclusions of law, 37
including, 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
(3) The interaction and interrelationship of the child 45
with parents, siblings, and any other person who may 46
significantly affect the child's best interests; 47
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(4) Which parent is more likely to allow the child 48
frequent, continuing and meaningful contact with the other 49
parent and the willingness and ability of parents to 50
cooperate in the rearing of their child, to maximize sharing 51
information and minimize exposure of the child to parental 52
conflict, and to utilize methods for resolving disputes 53
regarding any major decision concerning the life of the 54
child; 55
(5) The child's adjustment to the child's home, 56
school, and community and the child's physical, emotional, 57
educational, and other needs. The fact that a parent sends 58
his or her child or children to a home school or FPE school 59
shall not be the sole factor that a court considers in 60
determining custody of such child or children; 61
(6) The mental and physical health of all individuals 62
involved, including the mental health or substance abuse 63
history experienced by either parent; 64
(7) Any history of abuse of any individuals involved, 65
including domestic and child abuse. In determining whether 66
the presumption is rebutted by a pattern of domestic 67
violence, the court shall consider the nature and context of 68
the domestic violence and the implications of the domestic 69
violence for parenting and for the child's safety, well- 70
being, and developmental needs. If the court finds that a 71
pattern of domestic violence as defined in section 455.010 72
has occurred, and, if the court also finds that awarding 73
custody to the abusive parent is in the best interest of the 74
child, then the court shall enter written findings of fact 75
and conclusions of law. Custody and visitation rights shall 76
be ordered in a manner that best protects the child and any 77
other child or children for whom the parent has custodial or 78
visitation rights, and the parent or other family or 79
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household member who is the victim of domestic violence from 80
any further harm, whether physical, verbal, emotional, or 81
psychological; 82
[(7) The intention of either parent to relocate the 83
principal residence of the child; and] 84
(8) The [unobstructed input of a child, free of 85
coercion and manipulation, as to the child's custodial 86
arrangement] distance between the residences of the parents 87
seeking custody, including consideration of any relocation 88
that has occurred or an intent to relocate; and 89
(9) The reasonable input of the child as to the 90
child's custodian, if the court deems the child to be of 91
sufficient ability, age, and maturity to express an 92
independent, reliable preference and that such input is in 93
the best interests of the child and will not be emotionally 94
damaging, with due consideration of the influence that a 95
parent may have on the child's input. 96
3. (1) In any court proceedings relating to custody 97
of a child, the court shall not award custody or 98
unsupervised visitation of a child to a parent if such 99
parent or any person residing with such parent has been 100
found guilty of, or pled guilty to, any of the following 101
offenses when a child was the victim: 102
(a) A felony violation of section 566.030, 566.031, 103
566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 104
566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 105
566.203, 566.206, 566.209, 566.211, or 566.215; 106
(b) A violation of section 568.020; 107
(c) A violation of subdivision (2) of subsection 1 of 108
section 568.060; 109
(d) A violation of section 568.065; 110
(e) A violation of section 573.200; 111
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(f) A violation of section 573.205; or 112
(g) A violation of section 568.175. 113
(2) For all other violations of offenses in chapters 114
566 and 568 not specifically listed in subdivision (1) of 115
this subsection or for a violation of an offense committed 116
in another state when a child is the victim that would be a 117
violation of chapter 566 or 568 if committed in Missouri, 118
the court may exercise its discretion in awarding custody or 119
visitation of a child to a parent if such parent or any 120
person residing with such parent has been found guilty of, 121
or pled guilty to, any such offense. 122
4. The general assembly finds and declares that it is 123
the public policy of this state that frequent, continuing 124
and meaningful contact with both parents after the parents 125
have separated or dissolved their marriage is in the best 126
interest of the child, except for cases where the court 127
specifically finds that such contact is not in the best 128
interest of the child, and that it is the public policy of 129
this state to encourage parents to participate in decisions 130
affecting the health, education and welfare of their 131
children, and to resolve disputes involving their children 132
amicably through alternative dispute resolution. In order 133
to effectuate these policies, the general assembly 134
encourages the court to enter a temporary parenting plan as 135
early as practicable in a proceeding under this chapter, 136
consistent with the provisions of subsection 2 of this 137
section, and, in so doing, the court shall determine the 138
custody arrangement which will best assure both parents 139
participate in such decisions and have frequent, continuing 140
and meaningful contact with their children so long as it is 141
in the best interests of the child. 142
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5. Prior to awarding the appropriate custody 143
arrangement in the best interest of the child, the court 144
shall consider each of the following as follows: 145
(1) Joint physical and joint legal custody to both 146
parents, which shall not be denied solely for the reason 147
that one parent opposes a joint physical and joint legal 148
custody award. The residence of one of the parents shall be 149
designated as the address of the child for mailing and 150
educational purposes; 151
(2) Joint physical custody with one party granted sole 152
legal custody. The residence of one of the parents shall be 153
designated as the address of the child for mailing and 154
educational purposes; 155
(3) Joint legal custody with one party granted sole 156
physical custody; 157
(4) Sole custody to either parent; or 158
(5) Third-party custody or visitation: 159
(a) When the court finds that each parent is unfit, 160
unsuitable, or unable to be a custodian, or the welfare of 161
the child requires, and it is in the best interests of the 162
child, then custody, temporary custody or visitation may be 163
awarded to a person related by consanguinity or affinity to 164
the child. If no person related to the child by 165
consanguinity or affinity is willing to accept custody, then 166
the court may award custody to any other person or persons 167
deemed by the court to be suitable and able to provide an 168
adequate and stable environment for the child. Before the 169
court awards custody, temporary custody or visitation to a 170
third person under this subdivision, the court shall make 171
that person a party to the action; 172
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(b) Under the provisions of this subsection, any 173
person may petition the court to intervene as a party in 174
interest at any time as provided by supreme court rule. 175
6. If the parties have not agreed to a custodial 176
arrangement, or the court determines such arrangement is not 177
in the best interest of the child, the court shall include a 178
written finding in the judgment or order based on the public 179
policy in subsection 4 of this section and each of the 180
factors listed in subdivisions (1) to [(8)] (9) of 181
subsection 2 of this section detailing the specific relevant 182
factors that made a particular arrangement in the best 183
interest of the child. If a proposed custodial arrangement 184
is rejected by the court, the court shall include a written 185
finding in the judgment or order detailing the specific 186
relevant factors resulting in the rejection of such 187
arrangement. 188
7. Upon a finding by the court that either parent has 189
refused to exchange information with the other parent, which 190
shall include but not be limited to information concerning 191
the health, education and welfare of the child, the court 192
shall order the parent to comply immediately and to pay the 193
prevailing party a sum equal to the prevailing party's cost 194
associated with obtaining the requested information, which 195
shall include but not be limited to reasonable attorney's 196
fees and court costs. 197
8. As between the parents of a child, no preference 198
may be given to either parent in the awarding of custody 199
because of that parent's age, sex, or financial status, nor 200
because of the age or sex of the child. The court shall not 201
presume that a parent, solely because of his or her sex, is 202
more qualified than the other parent to act as a joint or 203
sole legal or physical custodian for the child. 204
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9. Any judgment providing for custody shall include a 205
specific written parenting plan setting forth the terms of 206
such parenting plan arrangements specified in subsection 8 207
of section 452.310. Such plan may be a parenting plan 208
submitted by the parties pursuant to section 452.310 or, in 209
the absence thereof, a plan determined by the court, but in 210
all cases, the custody plan approved and ordered by the 211
court shall be in the court's discretion and shall be in the 212
best interest of the child. 213
10. After August 28, 2016, every court order 214
establishing or modifying custody or visitation shall 215
include the following language: "In the event of 216
noncompliance with this order, the aggrieved party may file 217
a verified motion for contempt. If custody, visitation, or 218
third-party custody is denied or interfered with by a parent 219
or third party without good cause, the aggrieved person may 220
file a family access motion with the court stating the 221
specific facts that constitute a violation of the custody 222
provisions of the judgment of dissolution, legal separation, 223
or judgment of paternity. The circuit clerk will provide 224
the aggrieved party with an explanation of the procedures 225
for filing a family access motion and a simple form for use 226
in filing the family access motion. A family access motion 227
does not require the assistance of legal counsel to prepare 228
and file.". 229
11. No court shall adopt any local rule, form, or 230
practice requiring a standardized or default parenting plan 231
for interim, temporary, or permanent orders or judgments. 232
Notwithstanding any other provision of law to the contrary, 233
a court may enter an interim order in a proceeding under 234
this chapter, provided that the interim order shall not 235
contain any provisions about child custody or a parenting 236
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schedule or plan without first providing the parties with 237
notice and a hearing, unless the parties otherwise agree. 238
12. Unless a parent has been denied custody rights 239
pursuant to this section or visitation rights under section 240
452.400, both parents shall have access to records and 241
information pertaining to a minor child including, but not 242
limited to, medical, dental, and school records. If the 243
parent without custody has been granted restricted or 244
supervised visitation because the court has found that the 245
parent with custody or any child has been the victim of 246
domestic violence, as defined in section 455.010, by the 247
parent without custody, the court may order that the reports 248
and records made available pursuant to this subsection not 249
include the address of the parent with custody or the 250
child. A court shall order that the reports and records 251
made available under this subsection not include the address 252
of the parent with custody if the parent with custody is a 253
participant in the address confidentiality program under 254
section 589.663. Unless a parent has been denied custody 255
rights pursuant to this section or visitation rights under 256
section 452.400, any judgment of dissolution or other 257
applicable court order shall specifically allow both parents 258
access to such records and reports. 259
13. Except as otherwise precluded by state or federal 260
law, if any individual, professional, public or private 261
institution or organization denies access or fails to 262
provide or disclose any and all records and information, 263
including, but not limited to, past and present dental, 264
medical and school records pertaining to a minor child, to 265
either parent upon the written request of such parent, the 266
court shall, upon its finding that the individual, 267
professional, public or private institution or organization 268
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denied such request without good cause, order that party to 269
comply immediately with such request and to pay to the 270
prevailing party all costs incurred, including, but not 271
limited to, attorney's fees and court costs associated with 272
obtaining the requested information. 273
14. An award of joint custody does not preclude an 274
award of child support pursuant to section 452.340 and 275
applicable supreme court rules. The court shall consider 276
the factors contained in section 452.340 and applicable 277
supreme court rules in determining an amount reasonable or 278
necessary for the support of the child. 279
15. If the court finds that domestic violence or abuse 280
as defined in section 455.010 has occurred, the court shall 281
make specific findings of fact to show that the custody or 282
visitation arrangement ordered by the court best protects 283
the child and the parent or other family or household member 284
who is the victim of domestic violence, as defined in 285
section 455.010, and any other children for whom such parent 286
has custodial or visitation rights from any further harm. 287
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