Modifies provisions relating to child custody

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. 1507
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOSLEY .
3373S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 452.340, 452.375, 452.377, 452.780, 453.110, and 475.060, RSMo, and to enact
in lieu thereof six new sections relating to child custody, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 452.340, 452.375, 452.377, 452.780, 1
453.110, and 475.060, RSMo, are repealed and six new sections 2
enacted in lieu thereof, to be known as sections 452.340, 3
452.375, 452.377, 452.780, 453.110, and 475.060, to read as 4
follows:5
452.340. 1. In a proceeding for dissolution of 1
marriage, legal separation or child support, the court may 2
order either or both parents owing a duty of support to a 3
child of the marriage to pay an amount reasonable or 4
necessary for the support of the child, including an award 5
retroactive to the date of filing the petition, without 6
regard to marital misconduct, after considering all relevant 7
factors including: 8
(1) The financial needs and resources of the child; 9
(2) The financial resources and needs of the parents; 10
(3) The standard of living the child would have 11
enjoyed had the marriage not been dissolved; 12
(4) The physical and emotional condition of the child, 13
and the child's educational needs; 14
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(5) The child's physical and legal custody 15
arrangements, including the amount of time the child spends 16
with each parent and the reasonable expenses associated with 17
the custody or visitation arrangements; and 18
(6) The reasonable work-related child care expenses of 19
each parent. 20
2. The obligation of the parent ordered to make 21
support payments shall abate, in whole or in part, for such 22
periods of time in excess of thirty consecutive days that 23
the other parent or third party custodian has voluntarily 24
relinquished physical custody of a child to the parent 25
ordered to pay child support, notwithstanding any periods of 26
visitation or temporary physical and legal or physical or 27
legal custody pursuant to a judgment of dissolution or legal 28
separation or any modification thereof, or has permanently 29
transferred custody of the child to a third party in 30
violation of section 453.110. In a IV-D case, the family 31
support division may determine the amount of the abatement 32
pursuant to this subsection for any child support order and 33
shall record the amount of abatement in the automated child 34
support system record established pursuant to chapter 454. 35
If the case is not a IV-D case and upon court order, the 36
circuit clerk shall record the amount of abatement in the 37
automated child support system record established in chapter 38
454. 39
3. Unless the circumstances of the child manifestly 40
dictate otherwise and the court specifically so provides, 41
the obligation of a parent to make child support payments 42
shall terminate when the child: 43
(1) Dies; 44
(2) Marries; 45
(3) Enters active duty in the military; 46
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(4) Becomes self-supporting, provided that the 47
custodial parent has relinquished the child from parental 48
control by express or implied consent; 49
(5) Reaches age eighteen, unless the provisions of 50
subsection 4 or 5 of this section apply; or 51
(6) Reaches age twenty-one, unless the provisions of 52
the child support order specifically extend the parental 53
support order past the child's twenty-first birthday for 54
reasons provided by subsection 4 of this section. 55
4. If the child is physically or mentally 56
incapacitated from supporting himself and insolvent and 57
unmarried, the court may extend the parental support 58
obligation past the child's eighteenth birthday. 59
5. If when a child reaches age eighteen, the child is 60
enrolled in and attending a secondary school program of 61
instruction, the parental support obligation shall continue, 62
if the child continues to attend and progresses toward 63
completion of said program, until the child completes such 64
program or reaches age twenty-one, whichever first occurs. 65
If the child is enrolled in an institution of vocational or 66
higher education not later than October first following 67
graduation from a secondary school or completion of a 68
graduation equivalence degree program and so long as the 69
child enrolls for and completes at least twelve hours of 70
credit each semester, not including the summer semester, at 71
an institution of vocational or higher education and 72
achieves grades sufficient to reenroll at such institution, 73
the parental support obligation shall continue until the 74
child completes his or her education, or until the child 75
reaches the age of twenty-one, whichever first occurs. To 76
remain eligible for such continued parental support, at the 77
beginning of each semester the child shall submit to each 78
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parent a transcript or similar official document provided by 79
the institution of vocational or higher education which 80
includes the courses the child is enrolled in and has 81
completed for each term, the grades and credits received for 82
each such course, and an official document from the 83
institution listing the courses which the child is enrolled 84
in for the upcoming term and the number of credits for each 85
such course. When enrolled in at least twelve credit hours, 86
if the child receives failing grades in half or more of his 87
or her courseload in any one semester, payment of child 88
support may be terminated and shall not be eligible for 89
reinstatement. Upon request for notification of the child's 90
grades by the noncustodial parent, the child shall produce 91
the required documents to the noncustodial parent within 92
thirty days of receipt of grades from the education 93
institution. If the child fails to produce the required 94
documents, payment of child support may terminate without 95
the accrual of any child support arrearage and shall not be 96
eligible for reinstatement. If the circumstances of the 97
child manifestly dictate, the court may waive the October 98
first deadline for enrollment required by this subsection. 99
If the child is enrolled in such an institution, the child 100
or parent obligated to pay support may petition the court to 101
amend the order to direct the obligated parent to make the 102
payments directly to the child. As used in this section, an 103
"institution of vocational education" means any 104
postsecondary training or schooling for which the student is 105
assessed a fee and attends classes regularly. "Higher 106
education" means any community college, college, or 107
university at which the child attends classes regularly. A 108
child who has been diagnosed with a developmental 109
disability, as defined in section 630.005, or whose physical 110
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disability or diagnosed health problem limits the child's 111
ability to carry the number of credit hours prescribed in 112
this subsection, shall remain eligible for child support so 113
long as such child is enrolled in and attending an 114
institution of vocational or higher education, and the child 115
continues to meet the other requirements of this 116
subsection. A child who is employed at least fifteen hours 117
per week during the semester may take as few as nine credit 118
hours per semester and remain eligible for child support so 119
long as all other requirements of this subsection are 120
complied with. 121
6. The court shall consider ordering a parent to waive 122
the right to claim the tax dependency exemption for a child 123
enrolled in an institution of vocational or higher education 124
in favor of the other parent if the application of state and 125
federal tax laws and eligibility for financial aid will make 126
an award of the exemption to the other parent appropriate. 127
7. The general assembly finds and declares that it is 128
the public policy of this state that frequent, continuing 129
and meaningful contact with both parents after the parents 130
have separated or dissolved their marriage is in the best 131
interest of the child except for cases where the court 132
specifically finds that such contact is not in the best 133
interest of the child. In order to effectuate this public 134
policy, a court with jurisdiction shall enforce visitation, 135
custody and child support orders in the same manner. A 136
court with jurisdiction may abate, in whole or in part, any 137
past or future obligation of support and may transfer the 138
physical and legal or physical or legal custody of one or 139
more children if it finds that a parent has, without good 140
cause, failed to provide visitation or physical and legal or 141
physical or legal custody to the other parent pursuant to 142
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the terms of a judgment of dissolution, legal separation or 143
modifications thereof. The court shall also award, if 144
requested and for good cause shown, reasonable expenses, 145
attorney's fees and court costs incurred by the prevailing 146
party. 147
8. The Missouri supreme court shall have in effect a 148
rule establishing guidelines by which any award of child 149
support shall be made in any judicial or administrative 150
proceeding. Said guidelines shall contain specific, 151
descriptive and numeric criteria which will result in a 152
computation of the support obligation. The guidelines shall 153
address how the amount of child support shall be calculated 154
when an award of joint physical custody results in the child 155
or children spending equal or substantially equal time with 156
both parents and the directions and comments and any tabular 157
representations of the directions and comments for 158
completion of the child support guidelines and a subsequent 159
form developed to reflect the guidelines shall reflect the 160
ability to obtain up to a fifty percent adjustment or credit 161
below the basic child support amount for joint physical 162
custody or visitation as described in subsection 11 of this 163
section. The Missouri supreme court shall publish child 164
support guidelines and specifically list and explain the 165
relevant factors and assumptions that were used to calculate 166
the child support guidelines. Any rule made pursuant to 167
this subsection shall be reviewed by the promulgating body 168
not less than once every four years to ensure that its 169
application results in the determination of appropriate 170
child support award amounts. 171
9. There shall be a rebuttable presumption, in any 172
judicial or administrative proceeding for the award of child 173
support, that the amount of the award which would result 174
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from the application of the guidelines established pursuant 175
to subsection 8 of this section is the correct amount of 176
child support to be awarded. A written finding or specific 177
finding on the record in a judicial or administrative 178
proceeding that the application of the guidelines would be 179
unjust or inappropriate in a particular case, after 180
considering all relevant factors, including the factors set 181
out in subsection 1 of this section, shall be required and 182
shall be sufficient to rebut the presumption in the case. 183
The written finding or specific finding on the record shall 184
detail the specific relevant factors that required a 185
deviation from the application of the guidelines. 186
10. Pursuant to this or any other chapter, when a 187
court determines the amount owed by a parent for support 188
provided to a child by another person, other than a parent, 189
prior to the date of filing of a petition requesting 190
support, or when the director of the family support division 191
establishes the amount of state debt due pursuant to 192
subdivision (2) of subsection 1 of section 454.465, the 193
court or director shall use the guidelines established 194
pursuant to subsection 8 of this section. The amount of 195
child support resulting from the application of the 196
guidelines shall be applied retroactively for a period prior 197
to the establishment of a support order and the length of 198
the period of retroactivity shall be left to the discretion 199
of the court or director. There shall be a rebuttable 200
presumption that the amount resulting from application of 201
the guidelines under subsection 8 of this section 202
constitutes the amount owed by the parent for the period 203
prior to the date of the filing of the petition for support 204
or the period for which state debt is being established. In 205
applying the guidelines to determine a retroactive support 206
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amount, when information as to average monthly income is 207
available, the court or director may use the average monthly 208
income of the noncustodial parent, as averaged over the 209
period of retroactivity, in determining the amount of 210
presumed child support owed for the period of 211
retroactivity. The court or director may enter a different 212
amount in a particular case upon finding, after 213
consideration of all relevant factors, including the factors 214
set out in subsection 1 of this section, that there is 215
sufficient cause to rebut the presumed amount. 216
11. The court may award child support in an amount 217
that provides up to a fifty percent adjustment below the 218
basic child support amount authorized by the child support 219
guidelines described under subsection 8 of this section for 220
custody awards of joint physical custody where the child or 221
children spend equal or substantially equal time with both 222
parents. 223
12. The obligation of a parent to make child support 224
payments may be terminated as follows: 225
(1) Provided that the state case registry or child 226
support order contains the child's date of birth, the 227
obligation shall be deemed terminated without further 228
judicial or administrative process when the child reaches 229
age twenty-one if the child support order does not 230
specifically require payment of child support beyond age 231
twenty-one for reasons provided by subsection 4 of this 232
section; 233
(2) The obligation shall be deemed terminated without 234
further judicial or administrative process when the parent 235
receiving child support furnishes a sworn statement or 236
affidavit notifying the obligor parent of the child's 237
emancipation in accordance with the requirements of 238
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subsection 4 of section 452.370, and a copy of such sworn 239
statement or affidavit is filed with the court which entered 240
the order establishing the child support obligation, or the 241
family support division for an order entered under section 242
454.470; 243
(3) The obligation shall be deemed terminated without 244
further judicial or administrative process when the parent 245
paying child support files a sworn statement or affidavit 246
with the court which entered the order establishing the 247
child support obligation, or the family support division for 248
an order entered under section 454.470, stating that the 249
child is emancipated and reciting the factual basis for such 250
statement; which statement or affidavit is served by the 251
court or division, as applicable, on the child support 252
obligee; and which is either acknowledged and affirmed by 253
the child support obligee in writing, or which is not 254
responded to in writing within thirty days of receipt by the 255
child support obligee; 256
(4) The obligation shall be terminated as provided by 257
this subdivision by the court which entered the order 258
establishing the child support obligation, or the family 259
support division for an order entered under section 454.470, 260
when the parent paying child support files a sworn statement 261
or affidavit with the court which entered the order 262
establishing the child support obligation, or the family 263
support division, as applicable, stating that the child is 264
emancipated and reciting the factual basis for such 265
statement; and which statement or affidavit is served by the 266
court or division, as applicable, on the child support 267
obligee. If the obligee denies the statement or affidavit, 268
the court or division shall thereupon treat the sworn 269
statement or affidavit as a request for hearing and shall 270
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proceed to hear and adjudicate such request for hearing as 271
provided by law; provided that the court may require the 272
payment of a deposit as security for court costs and any 273
accrued court costs, as provided by law, in relation to such 274
request for hearing. When the division receives a request 275
for hearing, the hearing shall be held in the manner 276
provided by section 454.475. 277
13. The court may enter a judgment terminating child 278
support pursuant to subdivisions (1) to (3) of subsection 12 279
of this section without necessity of a court appearance by 280
either party. The clerk of the court shall mail a copy of a 281
judgment terminating child support entered pursuant to 282
subsection 12 of this section on both the obligor and 283
obligee parents. The supreme court may promulgate uniform 284
forms for sworn statements and affidavits to terminate 285
orders of child support obligations for use pursuant to 286
subsection 12 of this section and subsection 4 of section 287
452.370. 288
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
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under the care and supervision of each of the parents. 15
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) 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) 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
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(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
(4) Which parent is more likely to allow the child 48
frequent, continuing and meaningful contact with the other 49
parent; 50
(5) The child's adjustment to the child's home, 51
school, and community. The fact that a parent sends his or 52
her child or children to a home school or FPE school shall 53
not be the sole factor that a court considers in determining 54
custody of such child or children; 55
(6) The mental and physical health of all individuals 56
involved, including any history of abuse of any individuals 57
involved. If the court finds that a pattern of domestic 58
violence as defined in section 455.010 has occurred, and, if 59
the court also finds that awarding custody to the abusive 60
parent is in the best interest of the child, then the court 61
shall enter written findings of fact and conclusions of 62
law. Custody and visitation rights shall be ordered in a 63
manner that best protects the child and any other child or 64
children for whom the parent has custodial or visitation 65
rights, and the parent or other family or household member 66
who is the victim of domestic violence from any further harm; 67
(7) The intention of either parent to relocate the 68
principal residence of the child; and 69
(8) The unobstructed input of a child, free of 70
coercion and manipulation, as to the child's custodial 71
arrangement. 72
3. (1) In any court proceedings relating to custody 73
of a child, the court shall not award custody or 74
unsupervised visitation of a child to a parent if such 75
parent or any person residing with such parent has been 76
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found guilty of, or pled guilty to, any of the following 77
offenses when a child was the victim: 78
(a) A felony violation of section 566.030, 566.031, 79
566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 80
566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 81
566.203, 566.206, 566.209, 566.211, or 566.215; 82
(b) A violation of section 568.020; 83
(c) A violation of subdivision (2) of subsection 1 of 84
section 568.060; 85
(d) A violation of section 568.065; 86
(e) A violation of section 573.200; 87
(f) A violation of section 573.205; or 88
(g) A violation of section 568.175. 89
(2) For all other violations of offenses in chapters 90
566 and 568 not specifically listed in subdivision (1) of 91
this subsection or for a violation of an offense committed 92
in another state when a child is the victim that would be a 93
violation of chapter 566 or 568 if committed in Missouri, 94
the court may exercise its discretion in awarding custody or 95
visitation of a child to a parent if such parent or any 96
person residing with such parent has been found guilty of, 97
or pled guilty to, any such offense. 98
4. The general assembly finds and declares that it is 99
the public policy of this state that frequent, continuing 100
and meaningful contact with both parents after the parents 101
have separated or dissolved their marriage is in the best 102
interest of the child, except for cases where the court 103
specifically finds that such contact is not in the best 104
interest of the child, and that it is the public policy of 105
this state to encourage parents to participate in decisions 106
affecting the health, education and welfare of their 107
children, and to resolve disputes involving their children 108
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amicably through alternative dispute resolution. In order 109
to effectuate these policies, the general assembly 110
encourages the court to enter a temporary parenting plan as 111
early as practicable in a proceeding under this chapter, 112
consistent with the provisions of subsection 2 of this 113
section, and, in so doing, the court shall determine the 114
custody arrangement which will best assure both parents 115
participate in such decisions and have frequent, continuing 116
and meaningful contact with their children so long as it is 117
in the best interests of the child. 118
5. Prior to awarding the appropriate custody 119
arrangement in the best interest of the child, the court 120
shall consider each of the following as follows: 121
(1) Joint physical and joint legal custody to both 122
parents, which shall not be denied solely for the reason 123
that one parent opposes a joint physical and joint legal 124
custody award. The residence of one of the parents shall be 125
designated as the address of the child for mailing and 126
educational purposes; 127
(2) Joint physical custody with one party granted sole 128
legal custody. The residence of one of the parents shall be 129
designated as the address of the child for mailing and 130
educational purposes; 131
(3) Joint legal custody with one party granted sole 132
physical custody; 133
(4) Sole custody to either parent; or 134
(5) Third-party custody or visitation: 135
(a) When the court finds that each parent is unfit, 136
unsuitable, or unable to be a custodian, or the welfare of 137
the child requires, and it is in the best interests of the 138
child, then custody, temporary custody or visitation may be 139
awarded to a person related by consanguinity or affinity to 140
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the child. If no person related to the child by 141
consanguinity or affinity is willing to accept custody, then 142
the court may award custody to any other person or persons 143
deemed by the court to be suitable and able to provide an 144
adequate and stable environment for the child. Before the 145
court awards custody, temporary custody or visitation to a 146
third person under this subdivision, the court shall [make 147
that person] notify the child's relatives, as identified in 148
subdivisions (1), (2), and (3) of subsection 3 of section 149
210.565, if their identities are known and their addresses 150
may reasonably be ascertained, and any persons with whom the 151
child has resided, within five years, as identified under 152
section 452.780, prior to the institution of the action for 153
child custody, that they may intervene and seek third party 154
custody, temporary custody, or visitation. No person shall 155
be granted third party custody, temporary custody, or 156
visitation who has not first been made a party to the action; 157
(b) Under the provisions of this subsection, any 158
person may petition the court to intervene as a party in 159
interest at any time, and the court shall allow such 160
intervention as a matter of right, as provided by supreme 161
court rule; 162
(c) As provided under subsection 4 of section 210.565, 163
priority and preference in the award of third party custody 164
shall be given to an intervening party in the order of 165
preference set forth in subsection 3 of section 210.565; 166
(d) No order denying third party contact with a child 167
shall be entered by the court against a third party who has 168
not been made a party to the action unless the court finds 169
that such third party may not be found and joined as a party. 170
6. If the parties have not agreed to a custodial 171
arrangement, or the court determines such arrangement is not 172
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in the best interest of the child, the court shall include a 173
written finding in the judgment or order based on the public 174
policy in subsection 4 of this section and each of the 175
factors listed in subdivisions (1) to (8) of subsection 2 of 176
this section detailing the specific relevant factors that 177
made a particular arrangement in the best interest of the 178
child. If a proposed custodial arrangement is rejected by 179
the court, the court shall include a written finding in the 180
judgment or order detailing the specific relevant factors 181
resulting in the rejection of such arrangement. 182
7. Upon a finding by the court that either parent has 183
refused to exchange information with the other parent, which 184
shall include but not be limited to information concerning 185
the health, education and welfare of the child, the court 186
shall order the parent to comply immediately and to pay the 187
prevailing party a sum equal to the prevailing party's cost 188
associated with obtaining the requested information, which 189
shall include but not be limited to reasonable attorney's 190
fees and court costs. 191
8. As between the parents of a child, no preference 192
may be given to either parent in the awarding of custody 193
because of that parent's age, sex, or financial status, nor 194
because of the age or sex of the child. The court shall not 195
presume that a parent, solely because of his or her sex, is 196
more qualified than the other parent to act as a joint or 197
sole legal or physical custodian for the child. 198
9. Any judgment providing for custody shall include a 199
specific written parenting plan setting forth the terms of 200
such parenting plan arrangements specified in subsection 8 201
of section 452.310. Such plan may be a parenting plan 202
submitted by the parties pursuant to section 452.310 or, in 203
the absence thereof, a plan determined by the court, but in 204
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all cases, the custody plan approved and ordered by the 205
court shall be in the court's discretion and shall be in the 206
best interest of the child. 207
10. After August 28, 2016, every court order 208
establishing or modifying custody or visitation shall 209
include the following language: "In the event of 210
noncompliance with this order, the aggrieved party may file 211
a verified motion for contempt. If custody, visitation, or 212
third-party custody is denied or interfered with by a parent 213
or third party without good cause, the aggrieved person may 214
file a family access motion with the court stating the 215
specific facts that constitute a violation of the custody 216
provisions of the judgment of dissolution, legal separation, 217
or judgment of paternity. The circuit clerk will provide 218
the aggrieved party with an explanation of the procedures 219
for filing a family access motion and a simple form for use 220
in filing the family access motion. A family access motion 221
does not require the assistance of legal counsel to prepare 222
and file.". 223
11. No court shall adopt any local rule, form, or 224
practice requiring a standardized or default parenting plan 225
for interim, temporary, or permanent orders or judgments. 226
Notwithstanding any other provision of law to the contrary, 227
a court may enter an interim order in a proceeding under 228
this chapter, provided that the interim order shall not 229
contain any provisions about child custody or a parenting 230
schedule or plan without first providing the parties with 231
notice and a hearing, unless the parties otherwise agree. 232
12. Unless a parent has been denied custody rights 233
pursuant to this section or visitation rights under section 234
452.400, both parents shall have access to records and 235
information pertaining to a minor child including, but not 236
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limited to, medical, dental, and school records. If the 237
parent without custody has been granted restricted or 238
supervised visitation because the court has found that the 239
parent with custody or any child has been the victim of 240
domestic violence, as defined in section 455.010, by the 241
parent without custody, the court may order that the reports 242
and records made available pursuant to this subsection not 243
include the address of the parent with custody or the 244
child. A court shall order that the reports and records 245
made available under this subsection not include the address 246
of the parent with custody if the parent with custody is a 247
participant in the address confidentiality program under 248
section 589.663. Unless a parent has been denied custody 249
rights pursuant to this section or visitation rights under 250
section 452.400, any judgment of dissolution or other 251
applicable court order shall specifically allow both parents 252
access to such records and reports. 253
13. Except as otherwise precluded by state or federal 254
law, if any individual, professional, public or private 255
institution or organization denies access or fails to 256
provide or disclose any and all records and information, 257
including, but not limited to, past and present dental, 258
medical and school records pertaining to a minor child, to 259
either parent upon the written request of such parent, the 260
court shall, upon its finding that the individual, 261
professional, public or private institution or organization 262
denied such request without good cause, order that party to 263
comply immediately with such request and to pay to the 264
prevailing party all costs incurred, including, but not 265
limited to, attorney's fees and court costs associated with 266
obtaining the requested information. 267
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14. An award of joint custody does not preclude an 268
award of child support pursuant to section 452.340 and 269
applicable supreme court rules. The court shall consider 270
the factors contained in section 452.340 and applicable 271
supreme court rules in determining an amount reasonable or 272
necessary for the support of the child. 273
15. If the court finds that domestic violence or abuse 274
as defined in section 455.010 has occurred, the court shall 275
make specific findings of fact to show that the custody or 276
visitation arrangement ordered by the court best protects 277
the child and the parent or other family or household member 278
who is the victim of domestic violence, as defined in 279
section 455.010, and any other children for whom such parent 280
has custodial or visitation rights from any further harm. 281
452.377. 1. For purposes of this section and section 1
452.375, "relocate" or "relocation" means a change in the 2
principal residence of a child for a period of ninety days 3
or more, but does not include a temporary absence from the 4
principal residence, and shall include the permanent 5
transfer of custody of a child as provided in section 6
453.110. 7
2. Notice of a proposed relocation of the residence of 8
the child, or any party entitled to custody or visitation of 9
the child, shall be given in writing by certified mail, 10
return receipt requested, to any party with custody or 11
visitation rights. Absent exigent circumstances as 12
determined by a court with jurisdiction, written notice 13
shall be provided at least sixty days in advance of the 14
proposed relocation. A copy of the notice and a certificate 15
of service shall be filed with the court. The notice of the 16
proposed relocation shall include the following information: 17
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(1) The intended new residence, including the specific 18
address and mailing address, if known, and if not known, the 19
city; 20
(2) The home telephone number of the new residence, if 21
known; 22
(3) The date of the intended move or proposed 23
relocation; 24
(4) A brief statement of the specific reasons for the 25
proposed relocation of a child, if applicable; 26
(5) A proposal for a revised schedule of custody or 27
visitation with the child, if applicable; and 28
(6) The other party's right, if that party is a 29
parent, to file a motion, pursuant to this section, seeking 30
an order to prevent the relocation and an accompanying 31
affidavit setting forth the specific good-faith factual 32
basis for opposing the relocation within thirty days of 33
receipt of the notice. 34
3. (1) In cases involving a proposed permanent 35
transfer of custody of a child to a third party under 36
section 453.110, the legal custodian shall give notice of 37
the proposed change in residence or location of the child to 38
any noncustodial parent whose last known address is on 39
record with the court. Such notice shall be in writing and 40
shall be provided at least sixty days in advance of the 41
proposed transfer, absent exigent circumstances as 42
determined by the court. The notice shall not include the 43
actual address to which the child will be relocated, but 44
shall include information on the noncustodial parent's 45
right, under section 453.110, to intervene and seek custody 46
of the child. A copy of the notice and certificate of 47
service shall be filed with the court. A noncustodial 48
parent shall provide written notice of a change in his or 49
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her address to the custodial parent and shall file such 50
notice with the court, along with a certificate of service. 51
(2) After August 28, 2026, every court order 52
establishing or modifying custody shall include the 53
addresses of the legal custodians and noncustodial parents 54
for notification purposes and shall advise the noncustodial 55
parent to file a notice of address change as described in 56
this subsection. If a party is a participant in the address 57
confidentiality program under section 589.663, such party 58
shall not be required to provide his or her actual address 59
to the other parties, but shall submit such information 60
under seal to the court for in camera review. Prior to 61
disclosure of this information, a court shall comply with 62
the provisions of section 589.664. 63
4. If a party seeking to relocate a child is a 64
participant in the address confidentiality program under 65
section 589.663, such party shall not be required to provide 66
the information in subdivision (1) of subsection 2 of this 67
section, but may be required to submit such information 68
under seal to the court for in camera review. Prior to 69
disclosure of this information, a court shall comply with 70
the provisions of section 589.664. 71
[4.] 5. A party required to give notice of a proposed 72
relocation pursuant to subsection 2 of this section has a 73
continuing duty to provide a change in or addition to the 74
information required by this section as soon as such 75
information becomes known. 76
[5.] 6. In exceptional circumstances where the court 77
makes a finding that the health or safety of any adult or 78
child would be unreasonably placed at risk by the disclosure 79
of the required identifying information concerning a 80
proposed relocation of the child, the court may order that: 81
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(1) The specific residence address and telephone 82
number of the child, parent or person, and other identifying 83
information shall not be disclosed in the pleadings, notice, 84
other documents filed in the proceeding or the final order 85
except for an in camera disclosure; 86
(2) The notice requirements provided by this section 87
shall be waived to the extent necessary to protect the 88
health or safety of a child or any adult; or 89
(3) Any other remedial action the court considers 90
necessary to facilitate the legitimate needs of the parties 91
and the best interest of the child. 92
[6.] 7. The court shall consider a failure to provide 93
notice of a proposed relocation of a child as: 94
(1) A factor in determining whether custody and 95
visitation should be modified; 96
(2) A basis for ordering the return of the child if 97
the relocation occurs without notice; and 98
(3) Sufficient cause to order the party seeking to 99
relocate the child to pay reasonable expenses and attorneys 100
fees incurred by the party objecting to the relocation. 101
[7.] 8. If the parties agree to a revised schedule of 102
custody and visitation for the child, which includes a 103
parenting plan, they may submit the terms of such agreement 104
to the court with a written affidavit signed by all parties 105
with custody or visitation assenting to the terms of the 106
agreement, and the court may order the revised parenting 107
plan and applicable visitation schedule without a hearing. 108
[8.] 9. The residence of the child may be relocated 109
sixty days after providing notice, as required by this 110
section, unless a parent files a motion seeking an order to 111
prevent the relocation within thirty days after receipt of 112
such notice. Such motion shall be accompanied by an 113
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affidavit setting forth the specific good-faith factual 114
basis supporting a prohibition of the relocation. The 115
person seeking relocation shall file a response to the 116
motion within fourteen days, unless extended by the court 117
for good cause, and include a counter-affidavit setting 118
forth the facts in support of the relocation as well as a 119
proposed revised parenting plan for the child. 120
[9.] 10. If relocation of the child is proposed, a 121
third party entitled by court order to legal custody of or 122
visitation with a child and who is not a parent may file a 123
cause of action to obtain a revised schedule of legal 124
custody or visitation, but shall not prevent a relocation, 125
except as otherwise provided under this section and section 126
453.110. 127
[10.] 11. The party seeking to relocate shall have the 128
burden of proving that the proposed relocation is made in 129
good faith and is in the best interest of the child. 130
[11.] 12. If relocation is permitted: 131
(1) The court shall order contact with the 132
nonrelocating party including custody or visitation and 133
telephone access sufficient to assure that the child has 134
frequent, continuing and meaningful contact with the 135
nonrelocating party unless the child's best interest 136
warrants otherwise; and 137
(2) The court shall specify how the transportation 138
costs will be allocated between the parties and adjust the 139
child support, as appropriate, considering the costs of 140
transportation. 141
[12.] 13. After August 28, 1998, every court order 142
establishing or modifying custody or visitation shall 143
include the following language: 144
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"Absent exigent circumstances as determined by a
court with jurisdiction, you, as a party to this
action, are ordered to notify, in writing by
certified mail, return receipt requested, and at
least sixty days prior to the proposed relocation,
each party to this action of any proposed
relocation of the principal residence of the
child, including the following information:

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(1) The intended new residence, including the
specific address and mailing address, if
known, and if not known, the city;

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(2) The home telephone number of the new
residence, if known;

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(3) The date of the intended move or proposed
relocation;

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(4) A brief statement of the specific reasons for
the proposed relocation of the child;

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(5) A proposal for a revised schedule of custody
or visitation with the child; and

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(6) The other party's right, if that party is a
parent, to file a motion, pursuant to Section
452.377, RSMo, seeking an order to prevent the
relocation and an accompanying affidavit
setting forth the specific good-faith factual
basis for opposing the relocation within
thirty days of receipt of the notice.

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Your obligation to provide this information to
each party continues as long as you or any other
party by virtue of this order is entitled to
custody of a child covered by this order. Your
failure to obey the order of this court regarding
the proposed relocation may result in further
litigation to enforce such order, including
contempt of court. In addition, your failure to
notify a party of a relocation of the child may be

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[13.] 14. A participant in the address confidentiality 183
program under section 589.663 shall not be required to 184
provide a requesting party with the specific physical or 185
mailing address of the child's proposed relocation 186
destination, but in the event of an objection by a 187
requesting party, a participant may be required to submit 188
such information under seal to the court for in camera 189
review. Prior to disclosure of this information, a court 190
shall comply with the provisions of section 589.664. 191
[14.] 15. Violation of the provisions of this section 192
or a court order under this section may be deemed a change 193
of circumstance under section 452.410, allowing the court to 194
modify the prior custody decree. In addition, the court may 195
utilize any and all powers relating to contempt conferred on 196
it by law or rule of the Missouri supreme court. 197
[15.] 16. Any party who objects in good faith to the 198
relocation of a child's principal residence shall not be 199
ordered to pay the costs and attorney's fees of the party 200
seeking to relocate. 201
452.780. 1. Subject to local law providing for the 1
confidentiality of procedures, addresses, and other 2
identifying information, in a child custody proceeding each 3
party, in its first pleading or in an attached affidavit, 4
shall give information, if reasonably ascertainable, under 5
oath as to the child's present address, the places where the 6
child has lived during the last five years, and the names 7
and present addresses of the persons with whom the child has 8
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considered in a proceeding to modify custody or
visitation with the child. Reasonable costs and
attorney fees may be assessed against you if you
fail to give the required notice.".
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lived during such period. The pleading or affidavit shall 9
state whether the party: 10
(1) Has participated, as a party or witness or in any 11
other capacity, in any other proceeding concerning the 12
custody of or visitation with the child and, if so, identify 13
the court, case number of the proceeding and date of the 14
child custody determination, if any; 15
(2) Knows of any proceeding that could affect the 16
current proceeding, including proceedings for enforcement 17
and proceedings relating to domestic violence, protective 18
orders, termination of parental rights, and adoptions and, 19
if so, identify the court and case number and nature of the 20
proceeding; and 21
(3) Knows the names and addresses of any person not a 22
party to the proceeding who has physical custody of the 23
child or claims rights of legal custody or physical custody 24
of, or visitation with, the child and, if so, the names and 25
addresses of such persons. 26
2. If the information required by subsection 1 of this 27
section is not furnished, the court, upon its own motion or 28
that of a party, may stay the proceeding until the 29
information is furnished. 30
3. If the declaration as to any of the items described 31
in subdivisions (1) to (3) of subsection 1 of this section 32
is in the affirmative, the declarant shall give additional 33
information under oath as required by the court. The court 34
may examine the parties under oath as to details of the 35
information furnished and other matters pertinent to the 36
court's jurisdiction and the disposition of the case. 37
4. Each party has a continuing duty to inform the 38
court of any proceeding in this or any other state that 39
could affect the current proceeding. 40
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5. If a party alleges in an affidavit or a pleading 41
under oath that the health, safety, or liberty of a party or 42
child would be put at risk by the disclosure of identifying 43
information, that information shall be sealed and not 44
disclosed to the other party or the public unless the court 45
orders the disclosure to be made after a hearing in which 46
the court takes into consideration the health, safety, or 47
liberty of the party or child and determines that the 48
disclosure is in the interest of justice. 49
6. Any person who knowingly, purposefully, or 50
intentionally fails to give accurate, full, and complete 51
information as required under this section is guilty of a 52
class A misdemeanor; and, upon discovery of said violation, 53
any public employee, officer, or agent having knowledge of 54
such violation shall transmit notice of the violation to the 55
prosecuting or circuit attorney of the county or city in 56
which the child resided at the time of transfer. 57
453.110. 1. No person, agency, organization or 1
institution shall surrender custody of a minor child, or 2
transfer the custody of such a child to another, and no 3
person, agency, organization or institution shall take 4
possession or charge of a minor child so transferred, 5
without first having filed a petition before the circuit 6
court sitting as a juvenile court of the county where the 7
child may be, praying that such surrender or transfer may be 8
made, and having obtained such an order from such court 9
approving or ordering transfer of custody. 10
2. If any such surrender or transfer is made without 11
first obtaining such an order, such court shall, on petition 12
of any public official or interested person, agency, 13
organization or institution, order an investigation and 14
report as described in section 453.070 to be completed by 15
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the children's division and shall make such order as to the 16
custody of such child in the best interest of such child. 17
3. A noncustodial parent or third party interested in 18
securing custody of the child shall be granted the right to 19
intervene and to seek custody of the child, as provided 20
under section 453.375; provided, however, if the child is 21
the subject of a prior custody or guardianship order, 22
subject to modification, the court shall transfer the matter 23
to the court having jurisdiction over the custody of the 24
child. 25
4. Any person who violates the terms of this section 26
is guilty of a class E felony; and, upon discovery of such 27
violation, any public employee, officer, or agent having 28
knowledge of such violation shall transmit notice of the 29
violation to the prosecuting or circuit attorney of the 30
county or city in which the child resided at the time of 31
transfer. 32
[4.] 5. The investigation required by subsection 2 of 33
this section shall be initiated by the children's division 34
within forty-eight hours of the filing of the court order 35
requesting the investigation and report and shall be 36
completed within thirty days. The court shall order the 37
person having custody in violation of the provisions of this 38
section to pay the costs of the investigation and report. 39
[5.] 6. This section shall not be construed to 40
prohibit any parent, agency, organization or institution 41
from placing a child with another individual for care if the 42
right to supervise the care of the child and to resume 43
custody thereof is retained, or from placing a child with a 44
licensed foster home within the state through a child- 45
placing agency licensed by this state as part of a 46
preadoption placement. 47
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[6.] 7. After the filing of a petition for the 48
transfer of custody for the purpose of adoption, the court 49
may enter an order of transfer of custody if the court finds 50
all of the following: 51
(1) A family assessment has been made as required in 52
section 453.070 and has been reviewed by the court; 53
(2) A recommendation has been made by the guardian ad 54
litem; 55
(3) A petition for transfer of custody for adoption 56
has been properly filed or an order terminating parental 57
rights has been properly filed; 58
(4) The financial affidavit has been filed as required 59
under section 453.075; 60
(5) The written report regarding the child who is the 61
subject of the petition containing the information has been 62
submitted as required by section 453.026; 63
(6) Compliance with the Indian Child Welfare Act, if 64
applicable; and 65
(7) Compliance with the Interstate Compact on the 66
Placement of Children pursuant to section 210.620. 67
[7.] 8. A hearing on the transfer of custody for the 68
purpose of adoption is not required if: 69
(1) The conditions set forth in subsection [6] 7 of 70
this section are met; 71
(2) The parties agree and the court grants leave; and 72
(3) Parental rights have been terminated pursuant to 73
section 211.444 or 211.447. 74
475.060. 1. Any person may file a petition for the 1
appointment of himself or herself or some other qualified 2
person as guardian of a minor who is not currently subject 3
to a prior custody order in a court of competent 4
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jurisdiction. Such petition shall include the information 5
required under section 452.780 and shall state: 6
(1) The name, age, domicile, actual place of residence 7
and post office address of the minor if known and if any of 8
these facts is unknown, the efforts made to ascertain that 9
fact; 10
(2) The estimated value of the minor's real and 11
personal property, and the location and value of any real 12
property owned by the minor outside of this state; 13
(3) If the minor has no domicile or place of residence 14
in this state, the county in which the property or major 15
part thereof of the minor is located; 16
(4) The name and address of the parents of the minor 17
and whether they are living or dead; 18
(5) The name and address of the spouse, and the names, 19
ages and addresses of all living children of the minor; 20
(6) The name and address of the person having custody 21
of the person of the minor or who claims to have custody of 22
the person of the minor; 23
(7) The name and address of any guardian of the person 24
or conservator of the estate of the minor appointed in this 25
or any other state; 26
(8) If appointment is sought for a natural person, 27
other than the public administrator, the names and addresses 28
of wards and disabled persons for whom such person is 29
already guardian or conservator; 30
(9) The name and address of the trustees and the 31
purpose of any trust of which the minor is a qualified 32
beneficiary; 33
(10) The reasons why the appointment of a guardian is 34
sought; 35
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(11) A petition for the appointment of a guardian of a 36
minor may be filed for the sole and specific purpose of 37
school registration or medical insurance coverage. Such a 38
petition shall clearly set out this limited request and 39
shall not be combined with a petition for conservatorship; 40
(12) If the petitioner requests the appointment of co- 41
guardians, a statement of the reasons why such appointment 42
is sought and whether the petitioner requests that the co- 43
guardians, if appointed, may act independently or whether 44
they may act only together or only together with regard to 45
specified matters; 46
(13) That written consent has been obtained from any 47
person, including a public administrator, who is to be 48
appointed as a co-guardian; and 49
(14) Whether the petitioner knows of any other court 50
having jurisdiction over the minor and the name of the 51
court, if known. 52
2. Any person may file a petition for the appointment 53
of himself or herself or some other qualified person as 54
guardian or limited guardian of an incapacitated person. 55
Such petition shall state: 56
(1) If known, the name, age, domicile, actual place of 57
residence, and post office address of the alleged 58
incapacitated person, and for the period of three years 59
before the filing of the petition, the most recent 60
addresses, up to three, at which the alleged incapacitated 61
person lived prior to the most recent address, and if any of 62
these facts is unknown, the efforts made to ascertain that 63
fact. In the case of a petition filed by a public official 64
in his or her official capacity, the information required by 65
this subdivision need only be supplied to the extent it is 66
reasonably available to the petitioner; 67
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(2) The estimated value of the alleged incapacitated 68
person's real and personal property, and the location and 69
value of any real property owned by the alleged 70
incapacitated person outside of this state; 71
(3) If the alleged incapacitated person has no 72
domicile or place of residence in this state, the county in 73
which the property or major part thereof of the alleged 74
incapacitated person is located; 75
(4) The name and address of the parents of the alleged 76
incapacitated person and whether they are living or dead; 77
(5) The name and address of the spouse, the names, 78
ages, and addresses of all living children of the alleged 79
incapacitated person, the names and addresses of the alleged 80
incapacitated person's closest known relatives, and the 81
names and relationship, if known, of any adults living with 82
the alleged incapacitated person; if no spouse, adult child, 83
or parent is listed, the names and addresses of the siblings 84
and children of deceased siblings of the alleged 85
incapacitated person; the name and address of any agent 86
appointed by the alleged incapacitated person in any durable 87
power of attorney, and of the presently acting trustees of 88
any trust of which the alleged incapacitated person is the 89
grantor or is a qualified beneficiary or is or was the 90
trustee or cotrustee and the purpose of the power of 91
attorney or trust; 92
(6) The name and address of the person having custody 93
of the person of the alleged incapacitated person; 94
(7) The name and address of any guardian of the person 95
or conservator of the estate of the alleged incapacitated 96
person appointed in this or any other state; 97
(8) If appointment is sought for a natural person, 98
other than the public administrator, the names and addresses 99
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of wards and protectees for whom such person is already 100
guardian or conservator; 101
(9) The factual basis for the petitioner's conclusion 102
that the person for whom guardianship is sought is unable or 103
partially unable by reason of some specified physical, 104
mental, or cognitive condition to receive and evaluate 105
information or to communicate decisions to such an extent 106
that the person lacks capacity to meet essential 107
requirements for food, clothing, shelter, safety, or other 108
care such that serious physical injury, illness, or disease 109
is likely to occur; 110
(10) The reasons, incidents, and specific behaviors 111
demonstrating why the appointment of a guardian or limited 112
guardian is sought; 113
(11) If the petitioner suggests the appointment of co- 114
guardians, a statement of the reasons why such appointment 115
is sought and whether the petitioner suggests that the co- 116
guardians, if appointed, may act independently or whether 117
they may act only together or only together with regard to 118
specified matters; and 119
(12) Written consent has been obtained from any 120
person, including a public administrator, who is to be 121
appointed as a co-guardian. 122
3. If the person filing the petition seeks the 123
appointment of an emergency guardian, the petition shall 124
include the same requirements as provided in subsection 1 of 125
this section and shall request the appointment per the 126
requirements provided in subsection 15 of section 475.075. 127
4. Notice of the application for guardianship shall be 128
given to the persons identified under section 452.780, each 129
of whom shall have the right to intervene and to seek 130
guardianship as provided herein. Failure to give notice to 131
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such persons identified under section 452.780 shall be 132
grounds to set aside the appointment of the guardian. 133
5. As provided under subsection 4 of section 210.565, 134
priority and preference in the award of guardianship to a 135
third party other than a parent of a child shall be given to 136
a party in the order of preference set forth in subsection 3 137
of section 210.565. 138
✓