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6671S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1531
AN ACT
To repeal sections 452.375, 452.410, and 452.423,
RSMo, and to enact in lieu thereof four new sections
relating to child custody.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 452.375, 452.410, and 452.423, RSMo,
are repealed and four new sections enacted in lieu thereof, to
be known as sections 452.375, 452.381, 452.410, and 452.423, to
read as follows:
452.375. 1. As used in this chapter, unless the
context clearly indicates otherwise:
(1) "Custody" means joint legal custody, sole legal
custody, joint physical custody or sole physical custody or
any combination thereof;
(2) "Joint legal custody" means that the parents share
the decision-making rights, responsibilities, and authority
relating to the health, education and welfare of the child,
and, unless allocated, apportioned, or decreed, the parents
shall confer with one another in the exercise of decision-
making rights, responsibilities, and authority;
(3) "Joint physical custody" means an order awarding
each of the parents significant, but not necessarily equal,
periods of time during which a child resides with or is
under the care and supervision of each of the parents.
Joint physical custody shall be shared by the parents in
such a way as to assure the child of frequent, continuing
and meaningful contact with both parents;
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(4) "Third-party custody" means a third party
designated as a legal and physical custodian pursuant to
subdivision (5) of subsection 5 of this section.
2. The court shall determine custody in accordance
with the best interests of the child. There shall be a
rebuttable presumption that an award of equal or
approximately equal parenting time to each parent is in the
best interests of the child. Such presumption is rebuttable
only by a preponderance of the evidence in accordance with
all relevant factors, including, but not limited to, the
factors contained in subdivisions (1) to [(8)] (9) of this
subsection. The presumption may be rebutted if the court
finds that the parents have reached an agreement on all
issues related to custody, or if the court finds that a
pattern of domestic violence has occurred as set out in
subdivision (6) of this subsection. When the parties have
not reached an agreement on all issues related to custody,
the court shall consider all relevant factors and enter
written findings of fact and conclusions of law, including,
but not limited to, the following:
(1) The wishes of the child's parents as to custody
and the proposed parenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing
and meaningful relationship with both parents and the
ability and willingness of parents to actively perform their
functions as mother and father for the needs of the child;
(3) The interaction and interrelationship of the child
with parents, siblings, and any other person who may
significantly affect the child's best interests;
(4) Which parent is more likely to allow the child
frequent, continuing and meaningful contact with the other
parent;
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(5) The child's adjustment to the child's home,
school, and community. The fact that a parent sends his or
her child or children to a home school or FPE school shall
not be the sole factor that a court considers in determining
custody of such child or children;
(6) The mental and physical health of all individuals
involved, including any history of abuse of any individuals
involved. If the court finds that a pattern of domestic
violence as defined in section 455.010 has occurred, and, if
the court also finds that awarding custody to the abusive
parent is in the best interest of the child, then the court
shall enter written findings of fact and conclusions of
law. Custody and visitation rights shall be ordered in a
manner that best protects the child and any other child or
children for whom the parent has custodial or visitation
rights, and the parent or other family or household member
who is the victim of domestic violence from any further harm;
(7) The child's need for stability, continuity of
care, and consistent routine, as well as the capacity of
each parent to provide a safe, stable, and developmentally
appropriate environment;
(8) The intention of either parent to relocate the
principal residence of the child; and
[(8)] (9) The unobstructed input of a child, free of
coercion and manipulation, as to the child's custodial
arrangement.
3. (1) In any court proceedings relating to custody
of a child, the court shall not award custody or
unsupervised visitation of a child to a parent if such
parent or any person residing with such parent has been
found guilty of, or pled guilty to, any of the following
offenses when a child was the victim:
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(a) A felony violation of section 566.030, 566.031,
566.032, 566.060, 566.061, 566.062, 566.064, 566.067,
566.068, 566.083, 566.100, 566.101, 566.111, 566.151,
566.203, 566.206, 566.209, 566.211, or 566.215;
(b) A violation of section 568.020;
(c) A violation of subdivision (2) of subsection 1 of
section 568.060;
(d) A violation of section 568.065;
(e) A violation of section 573.200;
(f) A violation of section 573.205; or
(g) A violation of section 568.175.
(2) For all other violations of offenses in chapters
566 and 568 not specifically listed in subdivision (1) of
this subsection or for a violation of an offense committed
in another state when a child is the victim that would be a
violation of chapter 566 or 568 if committed in Missouri,
the court may exercise its discretion in awarding custody or
visitation of a child to a parent if such parent or any
person residing with such parent has been found guilty of,
or pled guilty to, any such offense.
4. The general assembly finds and declares that it is
the public policy of this state that frequent, continuing
and meaningful contact with both parents after the parents
have separated or dissolved their marriage is in the best
interest of the child, except for cases where the court
specifically finds that such contact is not in the best
interest of the child, and that it is the public policy of
this state to encourage parents to participate in decisions
affecting the health, education and welfare of their
children, and to resolve disputes involving their children
amicably through alternative dispute resolution. In order
to effectuate these policies, the general assembly
encourages the court to enter a temporary parenting plan as
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early as practicable in a proceeding under this chapter,
consistent with the provisions of subsection 2 of this
section, and, in so doing, the court shall determine the
custody arrangement which will best assure both parents
participate in such decisions and have frequent, continuing
and meaningful contact with their children so long as it is
in the best interests of the child.
5. Prior to awarding the appropriate custody
arrangement in the best interest of the child, the court
shall consider each of the following as follows:
(1) Joint physical and joint legal custody to both
parents, which shall not be denied solely for the reason
that one parent opposes a joint physical and joint legal
custody award. The residence of one of the parents shall be
designated as the address of the child for mailing and
educational purposes;
(2) Joint physical custody with one party granted sole
legal custody. The residence of one of the parents shall be
designated as the address of the child for mailing and
educational purposes;
(3) Joint legal custody with one party granted sole
physical custody;
(4) Sole custody to either parent; or
(5) Third-party custody or visitation:
(a) When the court finds that each parent is unfit,
unsuitable, or unable to be a custodian, or the welfare of
the child requires, and it is in the best interests of the
child, then custody, temporary custody or visitation may be
awarded to a person related by consanguinity or affinity to
the child. If no person related to the child by
consanguinity or affinity is willing to accept custody, then
the court may award custody to any other person or persons
deemed by the court to be suitable and able to provide an
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adequate and stable environment for the child. Before the
court awards custody, temporary custody or visitation to a
third person under this subdivision, the court shall make
that person a party to the action;
(b) Under the provisions of this subsection, any
person may petition the court to intervene as a party in
interest at any time as provided by supreme court rule.
6. If the parties have not agreed to a custodial
arrangement, or the court determines such arrangement is not
in the best interest of the child, the court shall include a
written finding in the judgment or order based on the public
policy in subsection 4 of this section and each of the
factors listed in subdivisions (1) to [(8)] (9) of
subsection 2 of this section detailing the specific relevant
factors that made a particular arrangement in the best
interest of the child. If a proposed custodial arrangement
is rejected by the court, the court shall include a written
finding in the judgment or order detailing the specific
relevant factors resulting in the rejection of such
arrangement.
7. Upon a finding by the court that either parent has
refused to exchange information with the other parent, which
shall include but not be limited to information concerning
the health, education and welfare of the child, the court
shall order the parent to comply immediately and to pay the
prevailing party a sum equal to the prevailing party's cost
associated with obtaining the requested information, which
shall include but not be limited to reasonable attorney's
fees and court costs.
8. As between the parents of a child, no preference
may be given to either parent in the awarding of custody
because of that parent's age, sex, or financial status, nor
because of the age or sex of the child. The court shall not
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presume that a parent, solely because of his or her sex, is
more qualified than the other parent to act as a joint or
sole legal or physical custodian for the child.
9. Any judgment providing for custody shall include a
specific written parenting plan setting forth the terms of
such parenting plan arrangements specified in subsection 8
of section 452.310. Such plan may be a parenting plan
submitted by the parties pursuant to section 452.310 or, in
the absence thereof, a plan determined by the court, but in
all cases, the custody plan approved and ordered by the
court shall be in the court's discretion and shall be in the
best interest of the child.
10. After August 28, 2016, every court order
establishing or modifying custody or visitation shall
include the following language: "In the event of
noncompliance with this order, the aggrieved party may file
a verified motion for contempt. If custody, visitation, or
third-party custody is denied or interfered with by a parent
or third party without good cause, the aggrieved person may
file a family access motion with the court stating the
specific facts that constitute a violation of the custody
provisions of the judgment of dissolution, legal separation,
or judgment of paternity. The circuit clerk will provide
the aggrieved party with an explanation of the procedures
for filing a family access motion and a simple form for use
in filing the family access motion. A family access motion
does not require the assistance of legal counsel to prepare
and file.".
11. No court shall adopt any local rule, form, or
practice requiring a standardized or default parenting plan
for interim, temporary, or permanent orders or judgments.
Notwithstanding any other provision of law to the contrary,
a court may enter an interim order in a proceeding under
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this chapter, provided that the interim order shall not
contain any provisions about child custody or a parenting
schedule or plan without first providing the parties with
notice and a hearing, unless the parties otherwise agree.
12. Unless a parent has been denied custody rights
pursuant to this section or visitation rights under section
452.400, both parents shall have access to records and
information pertaining to a minor child including, but not
limited to, medical, dental, and school records. If the
parent without custody has been granted restricted or
supervised visitation because the court has found that the
parent with custody or any child has been the victim of
domestic violence, as defined in section 455.010, by the
parent without custody, the court may order that the reports
and records made available pursuant to this subsection not
include the address of the parent with custody or the
child. A court shall order that the reports and records
made available under this subsection not include the address
of the parent with custody if the parent with custody is a
participant in the address confidentiality program under
section 589.663. Unless a parent has been denied custody
rights pursuant to this section or visitation rights under
section 452.400, any judgment of dissolution or other
applicable court order shall specifically allow both parents
access to such records and reports.
13. Except as otherwise precluded by state or federal
law, if any individual, professional, public or private
institution or organization denies access or fails to
provide or disclose any and all records and information,
including, but not limited to, past and present dental,
medical and school records pertaining to a minor child, to
either parent upon the written request of such parent, the
court shall, upon its finding that the individual,
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professional, public or private institution or organization
denied such request without good cause, order that party to
comply immediately with such request and to pay to the
prevailing party all costs incurred, including, but not
limited to, attorney's fees and court costs associated with
obtaining the requested information.
14. An award of joint custody does not preclude an
award of child support pursuant to section 452.340 and
applicable supreme court rules. The court shall consider
the factors contained in section 452.340 and applicable
supreme court rules in determining an amount reasonable or
necessary for the support of the child.
15. If the court finds that domestic violence or abuse
as defined in section 455.010 has occurred, the court shall
make specific findings of fact to show that the custody or
visitation arrangement ordered by the court best protects
the child and the parent or other family or household member
who is the victim of domestic violence, as defined in
section 455.010, and any other children for whom such parent
has custodial or visitation rights from any further harm.
452.381. 1. During the pendency of an action seeking
a modification of any judgment pertaining to child custody
or visitation, upon the motion of any party and with notice
to all other parties and after a hearing, the court may make
temporary orders relative to the custody and visitation of
the child subject to the judgment being modified. Any such
order shall remain in effect until the disposition of the
motion to modify or until further order of the court.
2. Notwithstanding the provisions of subsection 1 of
this section to the contrary, an order entered relative to
custody or visitation under this section may be entered
without notice to opposing parties if the court finds that
an emergency exists, the nature of which requires the court
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to act before opposing parties can be heard in opposition,
including, but not limited to, an emergency in which the
child faces immediate or imminent risk of physical harm,
emotional harm, psychological injury, or medical neglect
because of a parent's deteriorating mental health, a
parent's failure to comply with prescribed or therapeutic
treatment, reports from licensed medical or mental health
professionals indicating a parent's instability, or a
pattern of emotional volatility or coercive behavior by a
parent. In all such cases, the order shall be for a period
not to exceed fifteen days or until further order of the
court, and written notice of the issuance of any such order
and the reasons for it shall be given to opposing parties,
along with notice of the date, time, and place that a
hearing on the continuation of the order will be held.
3. No temporary order shall deny parenting time to a
parent or any other party granted custody or visitation
under the judgment for which modification is sought, unless
the court finds that parenting time is likely to cause
physical or emotional harm to the child.
4. If temporary parenting time is ordered, the court
may also order temporary child support or temporarily modify
any existing child support orders if requested by any party.
5. A temporary parenting plan issued under this
section shall not prejudice the rights of the parties or the
child that are to be adjudicated at subsequent hearings in
the proceeding.
6. Dismissal of the motion to modify shall
automatically vacate any temporary order issued under this
section.
452.410. 1. Except as provided in subsection 2 of
this section, the court shall not modify a prior custody
decree unless it has jurisdiction under the provisions of
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section 452.745 and it finds, upon the basis of facts that
have arisen since the prior decree or that were unknown to
the court at the time of the prior decree, that a change has
occurred in the circumstances of the child or his custodian
and that the modification is necessary to serve the best
interests of the child. Notwithstanding any other provision
of this section or sections 452.375 and 452.400 to the
contrary, any custody order entered by any court in this
state or any other state may, subject to jurisdictional
requirements, be modified to allow for joint custody or
visitation only in accordance with section 452.375, 452.400,
452.402, or 452.403.
2. If either parent files a motion to modify an award
of joint legal custody or joint physical custody, each party
shall be entitled to a change of judge as provided by
supreme court rule.
3. If the parties have agreed to terms for
modification of custody or visitation of the child, the
parties may submit to the court a proposed parenting plan
signed, under oath, by all parties having rights of custody
or visitation under the existing custody or visitation
judgment. The proposed plan shall be accompanied by a
motion, signed under oath by all parties, requesting a
modification of the existing parenting plan and no statement
of any changes in circumstances shall be required. If the
court determines that the proposed plan is in the child's
best interests, then the court shall enter an order granting
custody or visitation according to the proposed parenting
plan as soon as possible following the filing.
4. As used in this section and in cases where one or
more children subject to a custody order have special needs
or disabilities, a change of circumstances may include one
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parent's neglect or harm of the best interests of the child
or children with special needs or disabilities.
452.423. 1. In all proceedings for child custody or
for dissolution of marriage or legal separation where
custody, visitation, or support of a child is a contested
issue, the court may appoint a guardian ad litem.
Disqualification of a guardian ad litem shall be ordered in
any legal proceeding only pursuant to this chapter, upon the
filing of a written application by any party within ten days
of appointment, or within ten days of August 28, 1998, if
the appointment occurs prior to August 28, 1998. Each party
shall be entitled to one disqualification of a guardian ad
litem appointed under this subsection in each proceeding,
except a party may be entitled to additional
disqualifications of a guardian ad litem for good cause
shown.
2. The court shall appoint a guardian ad litem in any
proceeding in which child abuse or neglect is alleged.
3. The guardian ad litem shall:
(1) Be the legal representative of the child at the
hearing, and may examine, cross-examine, subpoena witnesses
and offer testimony;
(2) Prior to the hearing, conduct all necessary
interviews with persons having contact with or knowledge of
the child in order to ascertain the child's wishes,
feelings, attachments and attitudes. If appropriate, the
child should be interviewed;
(3) Review relevant medical, educational, and
therapeutic records and consult treating professionals when
appropriate, assess special medical or developmental needs,
and evaluate household stability and continuity of care; and
(4) Request the juvenile officer to cause a petition
to be filed in the juvenile division of the circuit court if
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the guardian ad litem believes the child alleged to be
abused or neglected is in danger.
4. The guardian ad litem shall submit a written report
summarizing the investigative steps taken and the factual
basis for any recommendations. The court shall review the
report to ensure compliance with the provisions of this
section and any other duties required under law prior to
adopting any of the recommendations contained within.
5. The appointing judge shall require the guardian ad
litem to faithfully discharge such guardian ad litem's
duties, and upon failure to do so shall discharge such
guardian ad litem and appoint another. The judge in making
appointments pursuant to this section shall give preference
to persons who served as guardian ad litem for the child in
the earlier proceeding, unless there is a reason on the
record for not giving such preference.
[5.] 6. The guardian ad litem shall be awarded a
reasonable fee for such services to be set by the court.
The court, in its discretion, may:
(1) Issue a direct payment order to the parties. If a
party fails to comply with the court's direct payment order,
the court may find such party to be in contempt of court; or
(2) Award such fees as a judgment to be paid by any
party to the proceedings or from public funds. Such an
award of guardian fees shall constitute a final judgment in
favor of the guardian ad litem. Such final judgment shall
be enforceable against the parties in accordance with
chapter 513.
7. A guardian ad litem appointed under this section
shall have received training in child development, trauma-
informed practices, domestic violence dynamics, coercive
control, mental health disorders affecting parenting
capacity, and considerations for children with special
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needs. Such training may be part of any training or
education otherwise required of a guardian ad litem under
law.