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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. 1371
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5153S.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Section A. Section 452.375, RSMo, is repealed and one new 1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 9
parents shall confer with one another in the exercise of 10
decision-making rights, responsibilities, and authority; 11
(3) "Joint physical custody" means an order awarding 12
each of the parents [significant, but not necessarily 13
equal,] equal or substantially equal periods of time during 14
which a child resides with or is under the care and 15
supervision of each of the parents. Joint physical custody 16
shall be shared by the parents in such a way as to assure 17
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the child of frequent, continuing and meaningful contact 18
with both parents; 19
(4) "Third-party custody" means a third party 20
designated as a legal and physical custodian pursuant to 21
subdivision (5) of subsection 5 of this section. 22
2. The court shall determine custody in accordance 23
with the best interests of the child. There shall be a 24
rebuttable presumption that an award of equal or 25
[approximately] substantially equal parenting time to each 26
parent is in the best interests of the child. Such 27
presumption is rebuttable only by a preponderance of the 28
evidence in accordance with all relevant factors, including, 29
but not limited to, the factors contained in subdivisions 30
(1) to [(8)] (9) of this subsection. The presumption may be 31
rebutted if the court finds that the parents have reached an 32
agreement on all issues related to custody, or if the court 33
finds that a pattern of domestic violence has occurred as 34
set out in subdivision [(6)] (7) of this subsection. When 35
the parties have not reached an agreement on all issues 36
related to custody, the court shall consider all relevant 37
factors and enter written findings of fact and conclusions 38
of law, including, but not limited to, the following: 39
(1) The wishes of the child's parents as to custody 40
and the proposed parenting plan submitted by both parties; 41
(2) The needs of the child for a frequent, continuing 42
and meaningful relationship with both parents and the 43
ability and willingness of parents to actively perform their 44
functions as mother and father for the needs of the child; 45
(3) The interaction and interrelationship of the child 46
with parents, siblings, and any other person who may 47
significantly affect the child's best interests; 48
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(4) Which parent is more likely to allow the child 49
frequent, continuing and meaningful contact with the other 50
parent and the willingness and ability of parents to 51
cooperate in the rearing of their child, to maximize sharing 52
information and minimize exposure of the child to parental 53
conflict, and to utilize methods for resolving disputes 54
regarding any major decision concerning the life of the 55
child; 56
(5) The child's adjustment to the child's home, 57
school, and community. The fact that a parent sends his or 58
her child or children to a home school or FPE school shall 59
not be the sole factor that a court considers in determining 60
custody of such child or children; 61
(6) The mental and physical health of all individuals 62
involved, including any substance abuse history experienced 63
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; 81
[(7) The intention of either parent to relocate the 82
principal residence of the child; and] 83
(8) The [unobstructed input of a child, free of 84
coercion and manipulation, as to the child's custodial 85
arrangement] distance between the residences of the parents 86
seeking custody, including consideration of any relocation 87
which has occurred or an intent to relocate; and 88
(9) The unobstructed input of the child, free of 89
coercion and manipulation, as to the child's custodial 90
arrangement, if the court deems the child to be of 91
sufficient ability, age, and maturity to express an 92
independent, reliable preference with due consideration of 93
the influence that a parent may have on the child's input. 94
3. (1) In any court proceedings relating to custody 95
of a child, the court shall not award custody or 96
unsupervised visitation of a child to a parent if such 97
parent or any person residing with such parent has been 98
found guilty of, or pled guilty to, any of the following 99
offenses when a child was the victim: 100
(a) A felony violation of section 566.030, 566.031, 101
566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 102
566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 103
566.203, 566.206, 566.209, 566.211, or 566.215; 104
(b) A violation of section 568.020; 105
(c) A violation of subdivision (2) of subsection 1 of 106
section 568.060; 107
(d) A violation of section 568.065; 108
(e) A violation of section 573.200; 109
(f) A violation of section 573.205; or 110
(g) A violation of section 568.175. 111
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(2) For all other violations of offenses in chapters 112
566 and 568 not specifically listed in subdivision (1) of 113
this subsection or for a violation of an offense committed 114
in another state when a child is the victim that would be a 115
violation of chapter 566 or 568 if committed in Missouri, 116
the court may exercise its discretion in awarding custody or 117
visitation of a child to a parent if such parent or any 118
person residing with such parent has been found guilty of, 119
or pled guilty to, any such offense. 120
4. The general assembly finds and declares that it is 121
the public policy of this state that frequent, continuing 122
and meaningful contact with both parents after the parents 123
have separated or dissolved their marriage is in the best 124
interest of the child, except for cases where the court 125
specifically finds that such contact is not in the best 126
interest of the child, and that it is the public policy of 127
this state to encourage parents to participate in decisions 128
affecting the health, education and welfare of their 129
children, and to resolve disputes involving their children 130
amicably through alternative dispute resolution. In order 131
to effectuate these policies, the general assembly 132
encourages the court to enter a temporary parenting plan as 133
early as practicable in a proceeding under this chapter, 134
consistent with the provisions of subsection 2 of this 135
section, and, in so doing, the court shall determine the 136
custody arrangement which will best assure both parents 137
participate in such decisions and have frequent, continuing 138
and meaningful contact with their children so long as it is 139
in the best interests of the child. 140
5. Prior to awarding the appropriate custody 141
arrangement in the best interest of the child, the court 142
shall consider each of the following as follows: 143
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(1) Joint physical and joint legal custody to both 144
parents, which shall not be denied solely for the reason 145
that one parent opposes a joint physical and joint legal 146
custody award. The residence of one of the parents shall be 147
designated as the address of the child for mailing and 148
educational purposes; 149
(2) Joint physical custody with one party granted sole 150
legal custody. The residence of one of the parents shall be 151
designated as the address of the child for mailing and 152
educational purposes; 153
(3) Joint legal custody with one party granted sole 154
physical custody; 155
(4) Sole custody to either parent; or 156
(5) Third-party custody or visitation: 157
(a) When the court finds that each parent is unfit, 158
unsuitable, or unable to be a custodian, or the welfare of 159
the child requires, and it is in the best interests of the 160
child, then custody, temporary custody or visitation may be 161
awarded to a person related by consanguinity or affinity to 162
the child. If no person related to the child by 163
consanguinity or affinity is willing to accept custody, then 164
the court may award custody to any other person or persons 165
deemed by the court to be suitable and able to provide an 166
adequate and stable environment for the child. Before the 167
court awards custody, temporary custody or visitation to a 168
third person under this subdivision, the court shall make 169
that person a party to the action; 170
(b) Under the provisions of this subsection, any 171
person may petition the court to intervene as a party in 172
interest at any time as provided by supreme court rule. 173
6. If the parties have not agreed to a custodial 174
arrangement, or the court determines such arrangement is not 175
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in the best interest of the child, the court shall include a 176
written finding in the judgment or order based on the public 177
policy in subsection 4 of this section and each of the 178
factors listed in subdivisions (1) to [(8)] (9) of 179
subsection 2 of this section detailing the specific relevant 180
factors that made a particular arrangement in the best 181
interest of the child. If a proposed custodial arrangement 182
is rejected by the court, the court shall include a written 183
finding in the judgment or order detailing the specific 184
relevant factors resulting in the rejection of such 185
arrangement. 186
7. Upon a finding by the court that either parent has 187
refused to exchange information with the other parent, which 188
shall include but not be limited to information concerning 189
the health, education and welfare of the child, the court 190
shall order the parent to comply immediately and to pay the 191
prevailing party a sum equal to the prevailing party's cost 192
associated with obtaining the requested information, which 193
shall include but not be limited to reasonable attorney's 194
fees and court costs. 195
8. As between the parents of a child, no preference 196
may be given to either parent in the awarding of custody 197
because of that parent's age, sex, or financial status, nor 198
because of the age or sex of the child. The court shall not 199
presume that a parent, solely because of his or her sex, is 200
more qualified than the other parent to act as a joint or 201
sole legal or physical custodian for the child. 202
9. Any judgment providing for custody shall include a 203
specific written parenting plan setting forth the terms of 204
such parenting plan arrangements specified in subsection 8 205
of section 452.310. Such plan may be a parenting plan 206
submitted by the parties pursuant to section 452.310 or, in 207
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the absence thereof, a plan determined by the court, but in 208
all cases, the custody plan approved and ordered by the 209
court shall be in the court's discretion and shall be in the 210
best interest of the child. 211
10. After August 28, 2016, every court order 212
establishing or modifying custody or visitation shall 213
include the following language: "In the event of 214
noncompliance with this order, the aggrieved party may file 215
a verified motion for contempt. If custody, visitation, or 216
third-party custody is denied or interfered with by a parent 217
or third party without good cause, the aggrieved person may 218
file a family access motion with the court stating the 219
specific facts that constitute a violation of the custody 220
provisions of the judgment of dissolution, legal separation, 221
or judgment of paternity. The circuit clerk will provide 222
the aggrieved party with an explanation of the procedures 223
for filing a family access motion and a simple form for use 224
in filing the family access motion. A family access motion 225
does not require the assistance of legal counsel to prepare 226
and file.". 227
11. No court shall adopt any local rule, form, or 228
practice requiring a standardized or default parenting plan 229
for interim, temporary, or permanent orders or judgments. 230
Notwithstanding any other provision of law to the contrary, 231
a court may enter an interim order in a proceeding under 232
this chapter, provided that the interim order shall not 233
contain any provisions about child custody or a parenting 234
schedule or plan without first providing the parties with 235
notice and a hearing, unless the parties otherwise agree. 236
12. Unless a parent has been denied custody rights 237
pursuant to this section or visitation rights under section 238
452.400, both parents shall have access to records and 239
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information pertaining to a minor child including, but not 240
limited to, medical, dental, and school records. If the 241
parent without custody has been granted restricted or 242
supervised visitation because the court has found that the 243
parent with custody or any child has been the victim of 244
domestic violence, as defined in section 455.010, by the 245
parent without custody, the court may order that the reports 246
and records made available pursuant to this subsection not 247
include the address of the parent with custody or the 248
child. A court shall order that the reports and records 249
made available under this subsection not include the address 250
of the parent with custody if the parent with custody is a 251
participant in the address confidentiality program under 252
section 589.663. Unless a parent has been denied custody 253
rights pursuant to this section or visitation rights under 254
section 452.400, any judgment of dissolution or other 255
applicable court order shall specifically allow both parents 256
access to such records and reports. 257
13. Except as otherwise precluded by state or federal 258
law, if any individual, professional, public or private 259
institution or organization denies access or fails to 260
provide or disclose any and all records and information, 261
including, but not limited to, past and present dental, 262
medical and school records pertaining to a minor child, to 263
either parent upon the written request of such parent, the 264
court shall, upon its finding that the individual, 265
professional, public or private institution or organization 266
denied such request without good cause, order that party to 267
comply immediately with such request and to pay to the 268
prevailing party all costs incurred, including, but not 269
limited to, attorney's fees and court costs associated with 270
obtaining the requested information. 271
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14. An award of joint custody does not preclude an 272
award of child support pursuant to section 452.340 and 273
applicable supreme court rules. The court shall consider 274
the factors contained in section 452.340 and applicable 275
supreme court rules in determining an amount reasonable or 276
necessary for the support of the child. 277
15. If the court finds that domestic violence or abuse 278
as defined in section 455.010 has occurred, the court shall 279
make specific findings of fact to show that the custody or 280
visitation arrangement ordered by the court best protects 281
the child and the parent or other family or household member 282
who is the victim of domestic violence, as defined in 283
section 455.010, and any other children for whom such parent 284
has custodial or visitation rights from any further harm. 285
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