Divorce statutes in Missouri § Decree for alimony--a
lien, when.
452.080. Upon a decree of divorce, the court may, in its discretion, decree alimony in gross or from year to year. When
alimony is decreed in gross, such decree shall be a general lien on the realty of the party against whom the decree may be
rendered, as in the case of other judgments. When such decree is for alimony from year to year, such decree shall not be
a lien on the realty as aforesaid, but an execution in the hands of the proper officer, issued for the purpose of enforcing
such decree, shall constitute a lien on the real and personal property of the defendant in such execution, so long as the
same shall lawfully remain in the possession of such officer unsatisfied. In lieu of the lien of such decree for alimony
from year to year, it is hereby provided that the party against whom such decree may be |
rendered shall be required to give security ample and sufficient
for such alimony; but where default has been made in giving such security, the decree for alimony from year to year shall
be a lien as in case of general judgments.
Remarriage of former spouse ends alimony.
Divorce statutes in Missouri 452.075. When a divorce has been granted, and the court has made an order or decree providing
for the payment of alimony and maintenance, the remarriage of the former spouse shall relieve the spouse obligated to pay
support from further payment of alimony to the former spouse from the date of the remarriage, without the necessity of further
court action, but the remarriage shall not relieve the former spouse from the provisions of any judgment or decree or order
providing for the support of any minor children.
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Divorce statutes in Missouri § Authorization
by court to sell property.
452.190. When any married person shall abandon his or her spouse, or from worthlessness, drunkenness or other cause fail
to make sufficient provision for his or her support, the circuit court of the county where he or she has his or her home
and residence may, on his or her petition, authorize him or her to sell and convey his or her real estate, or any part thereof,
and also any personal estate which shall, at the time, have come to such person by reason of the marriage, and which may
remain within the state undisposed of by him.
Married person enjoined from squandering property at suit of spouse.
Divorce statutes in Missouri 452.200. Any married person may file a petition in the circuit court, setting forth that
his or her spouse, from habitual intemperance, or any other cause, is about to squander and waste the property, money, credits
or chooses in action to which he or she is entitled in his or her own right, or any part thereof, or is proceeding fraudulently
to convert the same, or any part thereof, to the spouse's own use, for the purpose of placing the same beyond his or her
reach, and depriving him or her of the benefit thereof; and the court, upon the hearing of the case, may enjoin the spouse
from disposing of or otherwise interfering with such property, moneys, credits and chooses in action, and may appoint a receiver
to control and manage the same for the benefit of the petitioner, and may also make such other order in the premises as they
may deem just and proper, and upon the filing of such petition an injunction may be allowed as in other cases, and such petition
shall be filed in the county where said petitioner resides, and the spouse of said petitioner shall be made a party defendant
to said petition.
Disposition of property and debts, factors to be considered.
Divorce statutes in Missouri 52.330. 1. In a proceeding for dissolution of the marriage or legal separation, or in a proceeding
for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the
absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to each spouse such spouse's non
marital property and shall divide the marital property and marital debts in such proportions as the court deems just after
considering all relevant factors including:
(1) The economic circumstances of each spouse at the time the division of property is to become effective,
including the desirability of awarding the family home or
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the right to live therein for reasonable periods to the spouse
having custody of any children;
(2) The contribution of each spouse to the acquisition of the marital property, including
the contribution of a spouse as homemaker;
(3) The value of the non marital property set apart to each spouse;
(4) The conduct of the parties during the marriage; and
(5) Custodial arrangements for minor children.
2. For purposes of sections 452.300 to 452.415 only, 'marital property' means
all property acquired by either spouse subsequent to the marriage except:
(1) Property acquired by gift, bequest, devise,
or descent;
(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired
by gift, bequest, devise, or descent;
(3) Property acquired by a spouse after a decree of legal separation;
(4) Property excluded by valid written agreement of
the parties; and
(5) The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4)
of this subsection, unless marital assets including labor, have contributed to such increases and then only to the extent
of such contributions.
3. All property acquired by either spouse subsequent to the marriage and prior to a decree of legal
separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually
or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community
property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed
in subsection 2 of this section.
4. Property which would otherwise be non marital property shall not become marital property
solely because it may have become commingled with marital property.
5. The court's order as it affects distribution of marital
property shall be a final order not subject to modification; provided, however, that orders intended to be qualified domestic
relations orders affecting pension, profit sharing and stock bonus plans pursuant to the U.S. Internal Revenue Code shall
be modifiable only for the purpose of establishing or maintaining the order as a qualified domestic relations order or to
revise or conform its terms so as to effectuate the expressed intent of the* order.
6. A certified copy of any decree of court
affecting title to real estate may be filed for record in the office of the recorder of deeds of the county and state in
which the real estate is situated by the clerk of the court in which the decree was made.
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Divorce statutes in Missouri § Judgment of
dissolution, grounds for--legal separation
452.305. 1. The court shall enter a judgment of dissolution of marriage if:
(a) The court finds that one of the parties
has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety
days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition;
and
(b) The court finds that there remains no reasonable likelihood that the marriage can be preserved and that therefore
the marriage is irretrievably broken; and
(c) To the extent it has jurisdiction, the court has considered and made provision
for child custody, the support of each child, the maintenance of either spouse and the disposition of property.
2. The court
shall enter a judgment of legal separation if:
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(a) The court finds that one of the parties has been a resident
of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding
the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and
(b) The court finds
that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably
broken; and
(c) To the extent it has jurisdiction, the court has considered and made provision for the custody and the support
of each child, the maintenance of either spouse and the disposition of property.
3. Any judgment of dissolution of marriage
or legal separation shall include the last four digits of the Social Security numbers of the parties. The full Social Security
number of each party and each child shall be retained in the manner required under section 509.520, RSMo.
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Divorce statutes in Missouri § Authorized
motions--restraining order, when, answer, when due, effect of--child support, temporary order, when, amount.
452.315. 1. In a proceeding for dissolution of marriage or legal separation, either party may move for temporary maintenance
and for temporary support for each child entitled to support. The motion shall be accompanied by an affidavit setting forth
the factual basis for the motion and the amounts requested. In a proceeding for disposition of property, maintenance or support
following the dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, either party
may move for maintenance and for support of each child entitled to support. This motion shall be accompanied by an affidavit
setting forth the factual basis for the motion and the amounts requested. This motion and the affidavit shall be served as
though an original pleading upon the opposite party.
2. As a part of a motion for temporary maintenance or support or by independent
motion accompanied by affidavit, either party may request the court to issue an order after notice and hearing:
(a) Restraining
any person from transferring, encumbering, concealing, or in any way disposing of any property except in the usual course
of business or for the necessities of life and, if so restrained, requiring the person to notify the moving party of any
proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is
issued;
(b) Enjoining a party from harassing, abusing, molesting or disturbing the peace of the other party or of any child;
(c) Excluding
a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise
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result;
(d) Establishing and ordering compliance with a custody order and
providing for the support of each child.
3. The court may issue a restraining order only if it finds on the evidence that
irreparable injury would result to the moving party if an order is not issued until the time for answering has elapsed.
4.
An answer may be filed within ten days after service of notice of motion or at the time specified in the restraining order.
5.
On the basis of the showing made and in conformity with section 452.335 on maintenance and section 452.340 on support, the
court may issue a temporary injunction and an order for temporary maintenance or support in such amounts and on such terms
as are just and proper in the circumstances.
6. A restraining order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to
be adjudicated at subsequent hearings in the proceedings;
(b) May be revoked or modified prior to final judgment on a showing
by affidavit of the facts necessary to revocation or modification of a final judgment pursuant to section 452.370; and
(c)
Terminates when the final judgment is entered or when the petition for dissolution or legal separation is voluntarily dismissed.
7.
The court shall enter a temporary order requiring the provision of child support pending the final judicial determination
if there is clear and convincing evidence establishing a presumption of paternity pursuant to section 210.822, RSMo. In determining
the amount of child support, the court shall consider the factors set forth in section 452.340.
8. Any order entered in modification
or vacation of any temporary order entered pursuant to this section may be retroactive to the date of entry of the original
temporary order.
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Divorce statutes in Missouri § Child
support, factors to be considered
452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either
or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the support
of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after
considering all relevant factors including:
(a) The financial needs and resources of the child;
(b) The financial resources and needs of the parents;
(c) The standard of living the child would have enjoyed had the marriage
not been dissolved;
(d) The physical and emotional condition of the child, and the child's educational needs;
(e) The child's physical and legal
custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated
with the custody or visitation arrangements; and
(f) The reasonable work-related child care expenses of each parent.
2. The obligation of the parent ordered to make support
payments shall abate, in whole or in part, for such periods of time in excess of thirty consecutive days that the other parent
has voluntarily relinquished physical custody of a child to the parent ordered to pay child support, notwithstanding any
periods of visitation or temporary physical and legal or physical or legal custody pursuant to a judgment of dissolution
or legal separation or any modification thereof. In a IV-D case, the family support division may determine the amount of
the abatement pursuant to this subsection for any child support order and shall record the amount of abatement in the automated
child support system record established pursuant to chapter 454, RSMo. If the case is not a IV-D case and upon court order,
the circuit clerk shall record the amount of abatement in the automated child support system record established in chapter
454, RSMo.
3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the
obligation of a parent to make child support payments shall terminate when the child:
(a) Dies;
(b) Marries;
(c) Enters active duty in the military;
(d) Becomes self-supporting, provided that the custodial parent has relinquished the
child from parental control by express or implied consent;
(e) Reaches age eighteen, unless the provisions of subsection 4
or 5 of this section apply; or
(f) Reaches age twenty-one, unless the provisions of the child support order specifically extend
the parental support order past the child's twenty-first birthday for reasons provided by subsection 4 of this section.
4.
If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend
the parental support obligation past the child's eighteenth birthday.
5. If when a child reaches age eighteen, the child is
enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the
child continues to attend and progresses toward completion of said program, until the child completes such program or reaches
age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not
later than October first following graduation from a secondary school or completion of a graduation equivalence degree program
and so long as the child enrolls for and completes at least twelve hours of credit each semester, not including the summer
semester, at an institution of vocational or higher education and achieves grades sufficient to re enroll at such institution,
the parental support obligation shall continue until the child completes his or her education, or until the child reaches
the age of twenty-one, whichever first occurs. To remain eligible for such continued parental support, at the beginning of
each semester the child shall submit to each parent a transcript or similar official document provided by the institution
of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the
grades and credits received for each such course, and an official document from the institution listing the courses which
the child is enrolled in for the upcoming term and the number of credits for each such course. When enrolled in at least
twelve credit hours, if the child receives failing grades in half or more of his or her course load in any one semester,
payment of child support may be terminated and shall not be eligible for reinstatement. Upon request for notification of
the child's grades by the noncustodial parent, the child shall produce the required documents to the noncustodial parent
within thirty days of receipt of grades from the education institution. If the child fails to produce the required documents,
payment of child support may terminate without the accrual of any child support arrearage and shall not be eligible for reinstatement.
If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required
by this subsection. If the child is enrolled in such an institution, the child or parent obligated to pay support may petition
the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section,
an 'institution of vocational education' means
any post secondary training or schooling for which the student is assessed a fee and attends classes regularly. 'Higher education' means
any community college, college, or university at which the child attends classes regularly. A child who has been diagnosed
with a developmental disability, as defined in section 630.005, RSMo, or whose physical disability or diagnosed health problem
limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child
support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child
continues to meet the other requirements of this subsection. A child who is employed at least fifteen hours per week during
the semester may take as few as nine credit hours per semester and remain eligible for child support so long as all other
requirements of this subsection are complied with.
6. The court shall consider ordering a parent to waive the right to claim
the tax dependency exemption for a child enrolled in an institution of vocational or higher education in favor of the other
parent if the application of state and federal tax laws and eligibility for financial aid will make an award of the exemption
to the other parent appropriate.
7. 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. In order to effectuate this public policy,
a court with jurisdiction shall enforce visitation, custody and child support orders in the
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same manner. A court with jurisdiction
may abate, in whole or in part, any past or future obligation of support and may transfer the physical and legal or physical
or legal custody of one or more children if it finds that a parent has, without good cause, failed to provide visitation
or physical and legal or physical or legal custody to the other parent pursuant to the terms of a judgment of dissolution,
legal separation or modifications thereof. The court shall also award, if requested and for good cause shown, reasonable
expenses, attorney's fees and court costs incurred by the prevailing party.
8. The Missouri supreme court shall have in effect a rule establishing
guidelines by which any award of child support shall be made in any judicial or administrative proceeding. Said guidelines
shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. The
guidelines shall address how the amount of child support shall be calculated when an award of joint physical custody results
in the child or children spending substantially equal time with both parents. The Missouri supreme court shall publish child
support guidelines and specifically list and explain the relevant factors and assumptions that were used to calculate the
child support guidelines. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than
once every four years to ensure that its application results in the determination of appropriate child support award amounts.
9.
There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that
the amount of the award which would result from the application of the guidelines established pursuant to subsection 8 of
this section is the correct amount of child support to be awarded. A written finding or specific finding on the record in
a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular
case, after considering all relevant factors, including the factors set out in subsection 1 of this section, is required
if requested by a party and shall be sufficient to rebut the presumption in the case. The written finding or specific finding
on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.
10.
Pursuant to this or any other chapter, when a court determines the amount owed by a parent for support provided to a child
by another person, other than a parent, prior to the date of filing of a petition requesting support, or when the director
of the family support division establishes the amount of state debt due pursuant to subdivision (2) of subsection 1 of section
454.465, RSMo, the court or director shall use the guidelines established pursuant to subsection 8 of this section. The amount
of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the
establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court
or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection
8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition
for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive
support amount, when information as to average monthly income is available, the court or director may use the average monthly
income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of presumed child
support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon
finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that
there is sufficient cause to rebut the presumed amount.
11. The obligation of a parent to make child support payments may
be terminated as follows:
(a) Provided that the child support order contains the child's date of birth, the obligation shall
be deemed terminated without further judicial or administrative process when the child reaches age twenty-one if the child
support order does not specifically require payment of child support beyond age twenty-one for reasons provided by subsection
4 of this section;
(b) The obligation shall be deemed terminated without further judicial or administrative process when the
parent receiving child support furnishes a sworn statement or affidavit notifying the obligor parent of the child's emancipation
in accordance with the requirements of subsection 4 of section 452.370, and a copy of such sworn statement or affidavit is
filed with the court which entered the order establishing the child support obligation, or the division of child support
enforcement;
(c) The obligation shall be deemed terminated without further judicial or administrative process when the parent
paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support
obligation, or the family support division, stating that the child is emancipated and reciting the factual basis for such
statement; which statement or affidavit is served by the court or division on the child support obligee; and which is either
acknowledged and affirmed by the child support obligee in writing, or which is not responded to in writing within thirty
days of receipt by the child support obligee;
(d) The obligation shall be terminated as provided by this subdivision by the
court which entered the order establishing the child support obligation, or the family support division, when the parent
paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support
obligation, or the family support division, stating that the child is emancipated and reciting the factual basis for such
statement; and which statement or affidavit is served by the court or division on the child support obligee. If the obligee
denies the statement or affidavit, the court or division shall thereupon treat the sworn statement or affidavit as a motion
to modify the support obligation pursuant to section 452.370 or section 454.496, RSMo, and shall proceed to hear and adjudicate
such motion as provided by law; provided that the court may require the payment of a deposit as security for court costs
and any accrued court costs, as provided by law, in relation to such motion to modify.
12. The court may enter a judgment
terminating child support pursuant to subdivisions (1) to (3) of subsection 11 of this section without necessity of a court
appearance by either party. The clerk of the court shall mail a copy of a judgment terminating child support entered pursuant
to subsection 11 of this section on both the obligor and obligee parents. The supreme court may promulgate uniform forms
for sworn statements and affidavits to terminate orders of child support obligations for use pursuant to subsection 11 of
this section and subsection 4 of section 452.370.
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Divorce statutes in Missouri § Custody--definitions--factors
determining custody
452.375. 1. As used in this chapter, unless the context clearly indicates otherwise:
(a) 'Custody' means joint legal custody,
sole legal custody, joint physical custody or sole physical custody or any combination thereof;
(b) '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;
(c) '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;
(d) '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. The court shall consider all relevant factors including:
(a) The
wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
(b) 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;
(c) The interaction and interrelationship
of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
(d) Which
parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
(e) The child's
adjustment to the child's home, school, and community;
(f) 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 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;
(g) The intention of either
parent to relocate the principal residence of the child; and
(h) The wishes of a child as to the child's custodian.
The fact that a parent sends his or her child or children to a home
school, as defined in section 167.031, RSMo, shall not be the sole factor that a court considers in determining custody of
such child or children.
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:
(a) A felony violation of section 566.030,
566.032, 566.040, 566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100, 566.111, 566.151, 566.203,
566.206, 566.209, 566.212, or 566.215, RSMo;
(b) A violation of section 568.020, RSMo;
(c) A violation of subdivision (2) of subsection 1 of section 568.060, RSMo;
(d) A violation of section 568.065, RSMo;
(e) A violation of section 568.080, RSMo;
(f) A violation of section 568.090, RSMo; or
(g) A violation of section 568.175, RSMo.
(2) For all other violations of offenses in chapters 566 and 568, RSMo, 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, RSMo, 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 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:
(a) 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
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custody award. The residence of one of the parents shall be designated as the address of the child for mailing and
educational purposes;
(b) 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;
(c) Joint legal custody with one party
granted sole physical custody;
(d) Sole custody to either parent; or
(e) Third-party custody or visitation:
(1) 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 any other person or persons deemed by the court to be suitable and able to provide an 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;
(2) 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) 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.
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 7 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. 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 455.200, RSMo, 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. 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.
11. 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, 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.
12.
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.
13. If the court finds that domestic violence or abuse, as
defined in sections 455.010 and 455.501, RSMo, 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 or abuse, as defined in sections 455.010 and 455.501, RSMo, and any other children
for whom such parent has custodial or visitation rights from any further harm.
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Divorce statutes in Missouri § Visitation
rights, awarded when...
452.400. 1. (1) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court
finds, after a hearing, that visitation would endanger the child's physical health or impair his or her emotional development.
The court shall enter an order specifically detailing the visitation rights of the parent without physical custody rights
to the child and any other children for whom such parent has custodial or visitation rights. In determining the granting
of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has
occurred, the court may find that granting visitation to the abusive party is in the best interests of the child.
(2) (a)
The court shall not grant visitation to the parent not granted custody 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:
a. A felony violation
of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100, 566.111,
566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;
b. A violation of section 568.020, RSMo;
c. A violation of subdivision (2) of subsection 1 of section 568.060, RSMo;
d. A violation of section 568.065, RSMo;
e. A violation of section 568.080, RSMo;
f. A violation of section 568.090, RSMo; or
g. A violation of section 568.175, RSMo.
(b) For all other violations of offenses in chapters 566 and 568, RSMo, not specifically
listed in paragraph (a) of this subdivision 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, RSMo, if committed in Missouri, the court may exercise its discretion
in granting visitation to a parent not granted custody if such parent or any person residing with such parent has been found
guilty of, or pled guilty to, any such offense.
(3) The court shall consider the parent's history of inflicting, or tendency
to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault on other persons
and shall grant visitation in a manner that best protects the child and the parent or other family or household member who
is the victim of domestic violence, and any other children for whom the parent has custodial or visitation rights from any
further harm.
(4) The court, if requested by a party, shall make specific findings of fact to show that the visitation arrangements
made by the court best protect the child or the parent or other family or household member who is the victim of domestic
violence, or any other child for whom the parent has custodial or visitation rights from any further harm.
2. (1) The court
may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child,
but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's
physical health or impair his or her emotional development.
(2) (a) In any proceeding modifying visitation rights, the court
shall not grant unsupervised visitation to a parent if the 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:
a. A felony violation of section 566.030,
566.032, 566.040, 566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100, 566.111, 566.151, 566.203,
566.206, 566.209, 566.212, or 566.215, RSMo;
b. A violation of section 568.020, RSMo;
c. A violation of subdivision (2) of
subsection 1 of section 568.060, RSMo;
d. A violation of section 568.065, RSMo;
e. A violation of section 568.080, RSMo;
f. A violation of section 568.090, RSMo; or
g. A violation of section 568.175, RSMo.
(b) For all other violations of offenses in chapters 566 and 568, RSMo, not specifically
listed in paragraph (a) of this subdivision 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, RSMo, if committed in Missouri, the division may exercise its discretion
regarding the placement of a child taken into the custody of the state in which a parent or any person residing in the home
has been found guilty of, or pled guilty to, any such offense.
(3) When a court restricts a parent's visitation rights or
when a court orders supervised visitation because of allegations of abuse or domestic violence, a showing of proof of treatment
and rehabilitation shall be made to the court before unsupervised visitation may be ordered. 'Supervised visitation', as
used in this section, is visitation which takes place in the presence of a responsible adult appointed by the court for the
protection of the child.
3. The court shall mandate compliance with its order by all parties to the action, including parents, children and third
parties. In the event of noncompliance, the aggrieved person 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
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with the court stating the specific facts which constitute a violation
of the judgment of dissolution or legal separation. The state courts administrator shall develop a simple form for pro se
motions to the aggrieved person, which shall be provided to the person by the circuit clerk. Clerks, under the supervision
of a circuit clerk, shall explain to aggrieved parties the procedures for filing the form. Notice of the fact that clerks
will provide such assistance shall be conspicuously posted in the clerk's offices. The location of the office where the family
access motion may be filed shall be conspicuously posted in the court building. The performance of duties described in this
section shall not constitute the practice of law as defined in section 484.010, RSMo. Such form for pro se motions shall
not require the assistance of legal counsel to prepare and file. The cost of filing the motion shall be the standard court
costs otherwise due for instituting a civil action in the circuit court.
4. Within five court days after the filing of the family access motion pursuant to subsection
3 of this section, the clerk of the court shall issue a summons pursuant to applicable state law, and applicable local or
supreme court rules. A copy of the motion shall be personally served upon the respondent by personal process server as provided
by law or by any sheriff. Such service shall be served at the earliest time and shall take priority over service in other
civil actions, except those of an emergency nature or those filed pursuant to chapter 455, RSMo. The motion shall contain
the following statement in boldface type:
'PURSUANT TO SECTION 452.400, RSMO, YOU ARE REQUIRED TO RESPOND TO THE CIRCUIT CLERK
WITHIN TEN DAYS OF THE DATE OF SERVICE. FAILURE TO RESPOND TO THE CIRCUIT CLERK MAY RESULT IN THE FOLLOWING:
(1) AN ORDER
FOR A COMPENSATORY PERIOD OF CUSTODY, VISITATION OR THIRD-PARTY CUSTODY AT A TIME CONVENIENT FOR THE AGGRIEVED PARTY NOT
LESS THAN THE PERIOD OF TIME DENIED;
(2) PARTICIPATION BY THE VIOLATOR IN COUNSELING TO EDUCATE THE VIOLATOR ABOUT THE IMPORTANCE
OF PROVIDING THE CHILD WITH A CONTINUING AND MEANINGFUL RELATIONSHIP WITH BOTH PARENTS;
(3) ASSESSMENT OF A FINE OF UP TO
FIVE HUNDRED DOLLARS AGAINST THE VIOLATOR;
(4) REQUIRING THE VIOLATOR TO POST BOND OR SECURITY TO ENSURE FUTURE COMPLIANCE
WITH THE COURT'S ORDERS;
(5) ORDERING THE VIOLATOR TO PAY THE COST OF COUNSELING TO REESTABLISH THE PARENT-CHILD RELATIONSHIP
BETWEEN THE AGGRIEVED PARTY AND THE CHILD; AND
(6) A JUDGMENT IN AN AMOUNT NOT LESS THAN THE REASONABLE EXPENSES, INCLUDING
ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED BY THE AGGRIEVED PARTY AS A RESULT OF THE DENIAL OF CUSTODY, VISITATION
OR THIRD-PARTY CUSTODY.'.
5. If an alternative dispute resolution program is available pursuant to section 452.372, the clerk
shall also provide information to all parties on the availability of any such services, and within fourteen days of the date
of service, the court may schedule alternative dispute resolution.
6. Upon a finding by the court pursuant to a motion for
a family access order or a motion for contempt that its order for custody, visitation or third-party custody has not been
complied with, without good cause, the court shall order a remedy, which may include, but not be limited to:
(1) A compensatory
period of visitation, custody or third-party custody at a time convenient for the aggrieved party not less than the period
of time denied;
(2) Participation by the violator in counseling to educate the violator about the importance of providing
the child with a continuing and meaningful relationship with both parents;
(3) Assessment of a fine of up to five hundred
dollars against the violator payable to the aggrieved party;
(4) Requiring the violator to post bond or security to ensure
future compliance with the court's access orders; and
(5) Ordering the violator to pay the cost of counseling to reestablish
the parent-child relationship between the aggrieved party and the child.
7. The reasonable expenses incurred as a result of
denial or interference with custody or visitation, including attorney's fees and costs of a proceeding to enforce visitation
rights, custody or third-party custody, shall be assessed, if requested and for good cause, against the parent or party who
unreasonably denies or interferes with visitation, custody or third-party custody. In addition, the court may utilize any
and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.
8. Final disposition of
a motion for a family access order filed pursuant to this section shall take place not more than sixty days after the service
of such motion, unless waived by the parties or determined to be in the best interest of the child. Final disposition shall
not include appellate review.
9. Motions filed pursuant to this section shall not be deemed an independent civil action from
the original action pursuant to which the judgment or order sought to be enforced was entered.
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Divorce statutes in Missouri § Grandparent
denied visitation, court may order mediation upon written request, purpose--costs--venue--termination of mediation, when
452.403. 1. Upon the written request of a grandparent denied visitation with a grandchild, the associate division of the
circuit court may order mediation with any party who has custody or visitation rights with the minor child and appoint a
mediator. Such written request need not follow the rules of civil procedure and need not be written or filed by an attorney.
2.
As used in this section, 'mediation' is the process by which a neutral mediator appointed by the court assists the
parties in reaching a mutually acceptable voluntary and consensual agreement in the best interests of the child as to issues
of child care and visitation. |
The role of the mediator is to aid the parties in identifying the
issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement.
An agreement reached by the parties shall be based on the decisions of the parties and not the decisions of the mediator.
The agreement reached may resolve all or only some of the disputed issues.
3. At any time after the third mediation session,
either party may terminate mediation ordered pursuant to this section.
4. The costs of the mediation shall be paid by the
grandparent requesting the mediation order.
5. The venue shall be in the county where the child resides.
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Divorce statutes in Missouri § Custodian
to determine child's upbringing, exception--continued supervision
452.405. 1. Except as otherwise ordered by the court or agreed by the parties in writing at the time of the custody decree,
the legal custodian may determine the child's upbringing, including his education, health care, and religious training, unless
the court after hearing finds, upon motion by the parent without legal custody, |
that in the absence of a specific limitation of the legal custodian's
authority the child's physical health would be endangered or his emotional development impaired.
2. The legal custodian shall
not exercise legal custody in such a way as to significantly and detrimentally impact the other parent's visitation or custody
rights.
3. The court may order the county welfare office or the county juvenile officer to exercise continuing supervision
over the case.
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The Missouri divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Missouri divorce attorney.
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