HOUSE BILL NO. 2044 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TERRY.
4178H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 452.375, RSMo, and to enact in lieu thereof one new section relating to the custody of children.
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Section A. Section 452.375, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 452.375, to read as follows: 452.375. 1. As used in this chapter, unless the context clearly indicates otherwise: 2 (1) "Custody" means joint legal custody, sole legal custody, joint physical custody or 3 sole physical custody or any combination thereof; 4 (2) "Joint legal custody" means that the parents share the decision-making rights, 5 responsibilities, and authority relating to the health, education and welfare of the child, and, 6 unless allocated, apportioned, or decreed, the parents shall confer with one another in the 7 exercise of decision-making rights, responsibilities, and authority; 8 (3) "Joint physical custody" means an order awarding each of the parents significant, 9 but not necessarily equal, periods of time during which a child resides with or is under the 10 care and supervision of each of the parents. Joint physical custody shall be shared by the 11 parents in such a way as to assure the child of frequent, continuing and meaningful contact 12 with both parents; 13 (4) "Third-party custody" means a third party designated as a legal and physical 14 custodian pursuant to subdivision (5) of subsection 5 of this section. 15 2. The court shall determine custody in accordance with the best interests of the child. 16 There shall be a rebuttable presumption that an award of equal or approximately equal 17 parenting time to each parent is in the best interests of the child. Such presumption is
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2044 2
18 rebuttable only by a preponderance of the evidence in accordance with all relevant factors, 19 including, but not limited to, the factors contained in subdivisions (1) to (8) of this subsection. 20 The presumption may be rebutted if the court finds that the parents have reached an 21 agreement on all issues related to custody, or if the court finds that a pattern of domestic 22 violence has occurred as set out in subdivision (6) of this subsection. When the parties have 23 not reached an agreement on all issues related to custody, the court shall consider all relevant 24 factors and enter written findings of fact and conclusions of law, including, but not limited to, 25 the following: 26 (1) The wishes of the child's parents as to custody and the proposed parenting plan 27 submitted by both parties; 28 (2) The needs of the child for a frequent, continuing and meaningful relationship with 29 both parents and the ability and willingness of parents to actively perform their functions as 30 mother and father for the needs of the child; 31 (3) The interaction and interrelationship of the child with parents, siblings, and any 32 other person who may significantly affect the child's best interests; 33 (4) Which parent is more likely to allow the child frequent, continuing and 34 meaningful contact with the other parent; 35 (5) The child's adjustment to the child's home, school, and community. The fact that a 36 parent sends his or her child or children to a home school or FPE school shall not be the sole 37 factor that a court considers in determining custody of such child or children; 38 (6) The mental and physical health of all individuals involved, including any history 39 of abuse of any individuals involved. If the court finds that a pattern of domestic violence as 40 defined in section 455.010 has occurred, and, if the court also finds that awarding custody to 41 the abusive parent is in the best interest of the child, then the court shall enter written findings 42 of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that 43 best protects the child and any other child or children for whom the parent has custodial or 44 visitation rights, and the parent or other family or household member who is the victim of 45 domestic violence from any further harm; 46 (7) The intention of either parent to relocate the principal residence of the child; and 47 (8) The unobstructed input of a child, free of coercion and manipulation, as to the 48 child's custodial arrangement. 49 3. (1) In any court proceedings relating to custody of a child, the court shall not 50 award custody or unsupervised visitation of a child to a parent if such parent or any person 51 residing with such parent has been found guilty of, or pled guilty to, any of the following 52 offenses when a child was the victim: HB 2044 3
53 (a) A felony violation of section 566.030, 566.031, 566.032, 566.060, 566.061, 54 566.062, 566.064, 566.067, 566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 566.203, 55 566.206, 566.209, 566.211, or 566.215; 56 (b) A violation of section 568.020; 57 (c) A violation of subdivision (2) of subsection 1 of section 568.060; 58 (d) A violation of section 568.065; 59 (e) A violation of section 573.200; 60 (f) A violation of section 573.205; or 61 (g) A violation of section 568.175. 62 (2) For all other violations of offenses in chapters 566 and 568 not specifically listed 63 in subdivision (1) of this subsection or for a violation of an offense committed in another state 64 when a child is the victim that would be a violation of chapter 566 or 568 if committed in 65 Missouri, the court may exercise its discretion in awarding custody or visitation of a child to a 66 parent if such parent or any person residing with such parent has been found guilty of, or pled 67 guilty to, any such offense. 68 4. The general assembly finds and declares that it is the public policy of this state that 69 frequent, continuing and meaningful contact with both parents after the parents have 70 separated or dissolved their marriage is in the best interest of the child, except for cases where 71 the court specifically finds that such contact is not in the best interest of the child, and that it 72 is the public policy of this state to encourage parents to participate in decisions affecting the 73 health, education and welfare of their children, and to resolve disputes involving their 74 children amicably through alternative dispute resolution. In order to effectuate these policies, 75 the general assembly encourages the court to enter a temporary parenting plan as early as 76 practicable in a proceeding under this chapter, consistent with the provisions of subsection 2 77 of this section, and, in so doing, the court shall determine the custody arrangement which will 78 best assure both parents participate in such decisions and have frequent, continuing and 79 meaningful contact with their children so long as it is in the best interests of the child. 80 5. Prior to awarding the appropriate custody arrangement in the best interest of the 81 child, the court shall consider each of the following as follows: 82 (1) Joint physical and joint legal custody to both parents, which shall not be denied 83 solely for the reason that one parent opposes a joint physical and joint legal custody award. 84 The residence of one of the parents shall be designated as the address of the child for mailing 85 and educational purposes; 86 (2) Joint physical custody with one party granted sole legal custody. The residence of 87 one of the parents shall be designated as the address of the child for mailing and educational 88 purposes; 89 (3) Joint legal custody with one party granted sole physical custody; HB 2044 4
90 (4) Sole custody to either parent; or 91 (5) Third-party custody or visitation: 92 (a) When the court finds that each parent is unfit, unsuitable, or unable to be a 93 custodian, or the welfare of the child requires, and it is in the best interests of the child, then 94 custody, temporary custody or visitation may be awarded to a person related by consanguinity 95 or affinity to the child with priority given to the grandparent or grandparents of the 96 child. If no person related to the child by consanguinity or affinity is willing to accept 97 custody, then the court may award custody to any other person or persons deemed by the 98 court to be suitable and able to provide an adequate and stable environment for the child. 99 Before the court awards custody, temporary custody or visitation to a third person under this 100 subdivision, the court shall make that person a party to the action; 101 (b) Under the provisions of this subsection, any person may petition the court to 102 intervene as a party in interest at any time as provided by supreme court rule. 103 6. If the parties have not agreed to a custodial arrangement, or the court determines 104 such arrangement is not in the best interest of the child, the court shall include a written 105 finding in the judgment or order based on the public policy in subsection 4 of this section and 106 each of the factors listed in subdivisions (1) to (8) of subsection 2 of this section detailing the 107 specific relevant factors that made a particular arrangement in the best interest of the child. If 108 a proposed custodial arrangement is rejected by the court, the court shall include a written 109 finding in the judgment or order detailing the specific relevant factors resulting in the 110 rejection of such arrangement. 111 7. Upon a finding by the court that either parent has refused to exchange information 112 with the other parent, which shall include but not be limited to information concerning the 113 health, education and welfare of the child, the court shall order the parent to comply 114 immediately and to pay the prevailing party a sum equal to the prevailing party's cost 115 associated with obtaining the requested information, which shall include but not be limited to 116 reasonable attorney's fees and court costs. 117 8. As between the parents of a child, no preference may be given to either parent in 118 the awarding of custody because of that parent's age, sex, or financial status, nor because of 119 the age or sex of the child. The court shall not presume that a parent, solely because of his or 120 her sex, is more qualified than the other parent to act as a joint or sole legal or physical 121 custodian for the child. 122 9. Any judgment providing for custody shall include a specific written parenting plan 123 setting forth the terms of such parenting plan arrangements specified in subsection 8 of 124 section 452.310. Such plan may be a parenting plan submitted by the parties pursuant to 125 section 452.310 or, in the absence thereof, a plan determined by the court, but in all cases, the HB 2044 5
126 custody plan approved and ordered by the court shall be in the court's discretion and shall be 127 in the best interest of the child. 128 10. After August 28, 2016, every court order establishing or modifying custody or 129 visitation shall include the following language: "In the event of noncompliance with this 130 order, the aggrieved party may file a verified motion for contempt. If custody, visitation, or 131 third-party custody is denied or interfered with by a parent or third party without good cause, 132 the aggrieved person may file a family access motion with the court stating the specific facts 133 that constitute a violation of the custody provisions of the judgment of dissolution, legal 134 separation, or judgment of paternity. The circuit clerk will provide the aggrieved party with 135 an explanation of the procedures for filing a family access motion and a simple form for use 136 in filing the family access motion. A family access motion does not require the assistance of 137 legal counsel to prepare and file.". 138 11. No court shall adopt any local rule, form, or practice requiring a standardized or 139 default parenting plan for interim, temporary, or permanent orders or judgments. 140 Notwithstanding any other provision of law to the contrary, a court may enter an interim 141 order in a proceeding under this chapter, provided that the interim order shall not contain any 142 provisions about child custody or a parenting schedule or plan without first providing the 143 parties with notice and a hearing, unless the parties otherwise agree. 144 12. Unless a parent has been denied custody rights pursuant to this section or 145 visitation rights under section 452.400, both parents shall have access to records and 146 information pertaining to a minor child including, but not limited to, medical, dental, and 147 school records. If the parent without custody has been granted restricted or supervised 148 visitation because the court has found that the parent with custody or any child has been the 149 victim of domestic violence, as defined in section 455.010, by the parent without custody, the 150 court may order that the reports and records made available pursuant to this subsection not 151 include the address of the parent with custody or the child. A court shall order that the reports 152 and records made available under this subsection not include the address of the parent with 153 custody if the parent with custody is a participant in the address confidentiality program under 154 section 589.663. Unless a parent has been denied custody rights pursuant to this section or 155 visitation rights under section 452.400, any judgment of dissolution or other applicable court 156 order shall specifically allow both parents access to such records and reports. 157 13. Except as otherwise precluded by state or federal law, if any individual, 158 professional, public or private institution or organization denies access or fails to provide or 159 disclose any and all records and information, including, but not limited to, past and present 160 dental, medical and school records pertaining to a minor child, to either parent upon the 161 written request of such parent, the court shall, upon its finding that the individual, 162 professional, public or private institution or organization denied such request without good HB 2044 6
163 cause, order that party to comply immediately with such request and to pay to the prevailing 164 party all costs incurred, including, but not limited to, attorney's fees and court costs associated 165 with obtaining the requested information. 166 14. An award of joint custody does not preclude an award of child support pursuant to 167 section 452.340 and applicable supreme court rules. The court shall consider the factors 168 contained in section 452.340 and applicable supreme court rules in determining an amount 169 reasonable or necessary for the support of the child. 170 15. If the court finds that domestic violence or abuse as defined in section 455.010 171 has occurred, the court shall make specific findings of fact to show that the custody or 172 visitation arrangement ordered by the court best protects the child and the parent or other 173 family or household member who is the victim of domestic violence, as defined in section 174 455.010, and any other children for whom such parent has custodial or visitation rights from 175 any further harm. ✔
Statutes affected: