Petition, contents--service, how--rules to apply--defensesabolished--parenting plans submitted, when, content, exception.
452.310. 1. In any proceeding commenced pursuant to this chapter,the petition, a motion to modify, a motion for a family access order and amotion for contempt shall be verified. The petition in a proceeding fordissolution of marriage shall allege that the marriage is irretrievablybroken and that therefore there remains no reasonable likelihood that themarriage can be preserved. The petition in a proceeding for legalseparation shall allege that the marriage is not irretrievably broken andthat therefore there remains a reasonable likelihood that the marriage canbe preserved.
2. The petition in a proceeding for dissolution of marriage or legalseparation shall set forth:
(1) The residence of each party, including the county, and the lengthof residence of each party in this state and in the county of residence;
(2) The date of the marriage and the place at which it is registered;
(3) The date on which the parties separated;
(4) The name, age, and address of each child, and the parent withwhom each child has primarily resided for the sixty days immediatelypreceding the filing of the petition for dissolution of marriage or legalseparation;
(5) Whether the wife is pregnant;
(6) The last four digits of the Social Security number of thepetitioner, respondent and each child;
(7) Any arrangements as to the custody and support of the childrenand the maintenance of each party; and
(8) The relief sought.
3. Upon the filing of the petition in a proceeding for dissolution ofmarriage or legal separation, each child shall immediately be subject tothe jurisdiction of the court in which the proceeding is commenced, unlessa proceeding involving allegations of abuse or neglect of the child ispending in juvenile court. Until permitted by order of the court, neitherparent shall remove any child from the jurisdiction of the court or fromany parent with whom the child has primarily resided for the sixty daysimmediately preceding the filing of a petition for dissolution of marriageor legal separation.
4. The mere fact that one parent has actual possession of the childat the time of filing shall not create a preference in favor of such parentin any judicial determination regarding custody of the child.
5. The respondent shall be served in the manner provided by the rulesof the supreme court and applicable court rules and, to avoid aninterlocutory judgment of default, shall file a verified answer withinthirty days of the date of service which shall not only admit or deny theallegations of the petition, but shall also set forth:
(1) The last four digits of the Social Security number of thepetitioner, respondent and each child;
(2) Any arrangements as to the custody and support of the child andthe maintenance of each party; and
(3) The relief sought.
6. Previously existing defenses to divorce and legal separation,including but not limited to condonation, connivance, collusion,recrimination, insanity, and lapse of time, are abolished.
7. The full Social Security number of each party and each child andthe date of birth of each child shall be provided in the manner requiredunder section 509.520, RSMo.
8. The petitioner and respondent shall submit a proposed parentingplan, either individually or jointly, within thirty days after service ofprocess or the filing of the entry of appearance, whichever event firstoccurs of a motion to modify or a petition involving custody or visitationissues. The proposed parenting plan shall set forth the arrangements thatthe party believes to be in the best interest of the minor children andshall include but not be limited to:
(1) A specific written schedule detailing the custody, visitation andresidential time for each child with each party including:
(a) Major holidays stating which holidays a party has each year;
(b) School holidays for school-age children;
(c) The child's birthday, Mother's Day and Father's Day;
(d) Weekday and weekend schedules and for school-age children how thewinter, spring, summer and other vacations from school will be spent;
(e) The times and places for transfer of the child between theparties in connection with the residential schedule;
(f) A plan for sharing transportation duties associated with theresidential schedule;
(g) Appropriate times for telephone access;
(h) Suggested procedures for notifying the other party when a partyrequests a temporary variation from the residential schedule;
(i) Any suggested restrictions or limitations on access to a partyand the reasons such restrictions are requested;
(2) A specific written plan regarding legal custody which details howthe decision-making rights and responsibilities will be shared between theparties including the following:
(a) Educational decisions and methods of communicating informationfrom the school to both parties;
(b) Medical, dental and health care decisions including how healthcare providers will be selected and a method of communicating medicalconditions of the child and how emergency care will be handled;
(c) Extracurricular activities, including a method for determiningwhich activities the child will participate in when those activitiesinvolve time during which each party is the custodian;
(d) Child care providers, including how such providers will beselected;
(e) Communication procedures including access to telephone numbers asappropriate;
(f) A dispute resolution procedure for those matters on which theparties disagree or in interpreting the parenting plan;
(g) If a party suggests no shared decision-making, a statement of thereasons for such a request;
(3) How the expenses of the child, including child care, educationaland extraordinary expenses as defined in the child support guidelinesestablished by the supreme court, will be paid including:
(a) The suggested amount of child support to be paid by each party;
(b) The party who will maintain or provide health insurance for thechild and how the medical, dental, vision, psychological and other healthcare expenses of the child not paid by insurance will be paid by theparties;
(c) The payment of educational expenses, if any;
(d) The payment of extraordinary expenses of the child, if any;
(e) Child care expenses, if any;
(f) Transportation expenses, if any.
9. If the proposed parenting plans of the parties differ and theparties cannot resolve the differences or if any party fails to file aproposed parenting plan, upon motion of either party and an opportunity forthe parties to be heard, the court shall enter a temporary order containinga parenting plan setting forth the arrangements specified in subsection 8of this section which will remain in effect until further order of thecourt. The temporary order entered by the court shall not create apreference for the court in its adjudication of final custody, childsupport or visitation.
10. Within one hundred twenty days after August 28, 1998, theMissouri supreme court shall have in effect guidelines for a parenting planform which may be used by the parties pursuant to this section in anydissolution of marriage, legal separation or modification proceedinginvolving issues of custody and visitation relating to the child.
11. The filing of a parenting plan for any child over the age ofeighteen for whom custody, visitation, or support is being established ormodified by a court of competent jurisdiction is not required. Nothing inthis section shall be construed as precluding the filing of a parentingplan upon agreement of the parties or if ordered to do so by the court forany child over the age of eighteen for whom custody, visitation, or supportis being established or modified by a court of competent jurisdiction.
Petition, contents--service, how--rules to apply--defensesabolished--parenting plans submitted, when, content, exception.
452.310. 1. In any proceeding commenced pursuant to this chapter,the petition, a motion to modify, a motion for a family access order and amotion for contempt shall be verified. The petition in a proceeding fordissolution of marriage shall allege that the marriage is irretrievablybroken and that therefore there remains no reasonable likelihood that themarriage can be preserved. The petition in a proceeding for legalseparation shall allege that the marriage is not irretrievably broken andthat therefore there remains a reasonable likelihood that the marriage canbe preserved.
2. The petition in a proceeding for dissolution of marriage or legalseparation shall set forth:
(1) The residence of each party, including the county, and the lengthof residence of each party in this state and in the county of residence;
(2) The date of the marriage and the place at which it is registered;
(3) The date on which the parties separated;
(4) The name, age, and address of each child, and the parent withwhom each child has primarily resided for the sixty days immediatelypreceding the filing of the petition for dissolution of marriage or legalseparation;
(5) Whether the wife is pregnant;
(6) The last four digits of the Social Security number of thepetitioner, respondent and each child;
(7) Any arrangements as to the custody and support of the childrenand the maintenance of each party; and
(8) The relief sought.
3. Upon the filing of the petition in a proceeding for dissolution ofmarriage or legal separation, each child shall immediately be subject tothe jurisdiction of the court in which the proceeding is commenced, unlessa proceeding involving allegations of abuse or neglect of the child ispending in juvenile court. Until permitted by order of the court, neitherparent shall remove any child from the jurisdiction of the court or fromany parent with whom the child has primarily resided for the sixty daysimmediately preceding the filing of a petition for dissolution of marriageor legal separation.
4. The mere fact that one parent has actual possession of the childat the time of filing shall not create a preference in favor of such parentin any judicial determination regarding custody of the child.
5. The respondent shall be served in the manner provided by the rulesof the supreme court and applicable court rules and, to avoid aninterlocutory judgment of default, shall file a verified answer withinthirty days of the date of service which shall not only admit or deny theallegations of the petition, but shall also set forth:
(1) The last four digits of the Social Security number of thepetitioner, respondent and each child;
(2) Any arrangements as to the custody and support of the child andthe maintenance of each party; and
(3) The relief sought.
6. Previously existing defenses to divorce and legal separation,including but not limited to condonation, connivance, collusion,recrimination, insanity, and lapse of time, are abolished.
7. The full Social Security number of each party and each child andthe date of birth of each child shall be provided in the manner requiredunder section 509.520, RSMo.
8. The petitioner and respondent shall submit a proposed parentingplan, either individually or jointly, within thirty days after service ofprocess or the filing of the entry of appearance, whichever event firstoccurs of a motion to modify or a petition involving custody or visitationissues. The proposed parenting plan shall set forth the arrangements thatthe party believes to be in the best interest of the minor children andshall include but not be limited to:
(1) A specific written schedule detailing the custody, visitation andresidential time for each child with each party including:
(a) Major holidays stating which holidays a party has each year;
(b) School holidays for school-age children;
(c) The child's birthday, Mother's Day and Father's Day;
(d) Weekday and weekend schedules and for school-age children how thewinter, spring, summer and other vacations from school will be spent;
(e) The times and places for transfer of the child between theparties in connection with the residential schedule;
(f) A plan for sharing transportation duties associated with theresidential schedule;
(g) Appropriate times for telephone access;
(h) Suggested procedures for notifying the other party when a partyrequests a temporary variation from the residential schedule;
(i) Any suggested restrictions or limitations on access to a partyand the reasons such restrictions are requested;
(2) A specific written plan regarding legal custody which details howthe decision-making rights and responsibilities will be shared between theparties including the following:
(a) Educational decisions and methods of communicating informationfrom the school to both parties;
(b) Medical, dental and health care decisions including how healthcare providers will be selected and a method of communicating medicalconditions of the child and how emergency care will be handled;
(c) Extracurricular activities, including a method for determiningwhich activities the child will participate in when those activitiesinvolve time during which each party is the custodian;
(d) Child care providers, including how such providers will beselected;
(e) Communication procedures including access to telephone numbers asappropriate;
(f) A dispute resolution procedure for those matters on which theparties disagree or in interpreting the parenting plan;
(g) If a party suggests no shared decision-making, a statement of thereasons for such a request;
(3) How the expenses of the child, including child care, educationaland extraordinary expenses as defined in the child support guidelinesestablished by the supreme court, will be paid including:
(a) The suggested amount of child support to be paid by each party;
(b) The party who will maintain or provide health insurance for thechild and how the medical, dental, vision, psychological and other healthcare expenses of the child not paid by insurance will be paid by theparties;
(c) The payment of educational expenses, if any;
(d) The payment of extraordinary expenses of the child, if any;
(e) Child care expenses, if any;
(f) Transportation expenses, if any.
9. If the proposed parenting plans of the parties differ and theparties cannot resolve the differences or if any party fails to file aproposed parenting plan, upon motion of either party and an opportunity forthe parties to be heard, the court shall enter a temporary order containinga parenting plan setting forth the arrangements specified in subsection 8of this section which will remain in effect until further order of thecourt. The temporary order entered by the court shall not create apreference for the court in its adjudication of final custody, childsupport or visitation.
10. Within one hundred twenty days after August 28, 1998, theMissouri supreme court shall have in effect guidelines for a parenting planform which may be used by the parties pursuant to this section in anydissolution of marriage, legal separation or modification proceedinginvolving issues of custody and visitation relating to the child.
11. The filing of a parenting plan for any child over the age ofeighteen for whom custody, visitation, or support is being established ormodified by a court of competent jurisdiction is not required. Nothing inthis section shall be construed as precluding the filing of a parentingplan upon agreement of the parties or if ordered to do so by the court forany child over the age of eighteen for whom custody, visitation, or supportis being established or modified by a court of competent jurisdiction.
Petition, contents--service, how--rules to apply--defensesabolished--parenting plans submitted, when, content, exception.
452.310. 1. In any proceeding commenced pursuant to this chapter,the petition, a motion to modify, a motion for a family access order and amotion for contempt shall be verified. The petition in a proceeding fordissolution of marriage shall allege that the marriage is irretrievablybroken and that therefore there remains no reasonable likelihood that themarriage can be preserved. The petition in a proceeding for legalseparation shall allege that the marriage is not irretrievably broken andthat therefore there remains a reasonable likelihood that the marriage canbe preserved.
2. The petition in a proceeding for dissolution of marriage or legalseparation shall set forth:
(1) The residence of each party, including the county, and the lengthof residence of each party in this state and in the county of residence;
(2) The date of the marriage and the place at which it is registered;
(3) The date on which the parties separated;
(4) The name, age, and address of each child, and the parent withwhom each child has primarily resided for the sixty days immediatelypreceding the filing of the petition for dissolution of marriage or legalseparation;
(5) Whether the wife is pregnant;
(6) The last four digits of the Social Security number of thepetitioner, respondent and each child;
(7) Any arrangements as to the custody and support of the childrenand the maintenance of each party; and
(8) The relief sought.
3. Upon the filing of the petition in a proceeding for dissolution ofmarriage or legal separation, each child shall immediately be subject tothe jurisdiction of the court in which the proceeding is commenced, unlessa proceeding involving allegations of abuse or neglect of the child ispending in juvenile court. Until permitted by order of the court, neitherparent shall remove any child from the jurisdiction of the court or fromany parent with whom the child has primarily resided for the sixty daysimmediately preceding the filing of a petition for dissolution of marriageor legal separation.
4. The mere fact that one parent has actual possession of the childat the time of filing shall not create a preference in favor of such parentin any judicial determination regarding custody of the child.
5. The respondent shall be served in the manner provided by the rulesof the supreme court and applicable court rules and, to avoid aninterlocutory judgment of default, shall file a verified answer withinthirty days of the date of service which shall not only admit or deny theallegations of the petition, but shall also set forth:
(1) The last four digits of the Social Security number of thepetitioner, respondent and each child;
(2) Any arrangements as to the custody and support of the child andthe maintenance of each party; and
(3) The relief sought.
6. Previously existing defenses to divorce and legal separation,including but not limited to condonation, connivance, collusion,recrimination, insanity, and lapse of time, are abolished.
7. The full Social Security number of each party and each child andthe date of birth of each child shall be provided in the manner requiredunder section 509.520, RSMo.
8. The petitioner and respondent shall submit a proposed parentingplan, either individually or jointly, within thirty days after service ofprocess or the filing of the entry of appearance, whichever event firstoccurs of a motion to modify or a petition involving custody or visitationissues. The proposed parenting plan shall set forth the arrangements thatthe party believes to be in the best interest of the minor children andshall include but not be limited to:
(1) A specific written schedule detailing the custody, visitation andresidential time for each child with each party including:
(a) Major holidays stating which holidays a party has each year;
(b) School holidays for school-age children;
(c) The child's birthday, Mother's Day and Father's Day;
(d) Weekday and weekend schedules and for school-age children how thewinter, spring, summer and other vacations from school will be spent;
(e) The times and places for transfer of the child between theparties in connection with the residential schedule;
(f) A plan for sharing transportation duties associated with theresidential schedule;
(g) Appropriate times for telephone access;
(h) Suggested procedures for notifying the other party when a partyrequests a temporary variation from the residential schedule;
(i) Any suggested restrictions or limitations on access to a partyand the reasons such restrictions are requested;
(2) A specific written plan regarding legal custody which details howthe decision-making rights and responsibilities will be shared between theparties including the following:
(a) Educational decisions and methods of communicating informationfrom the school to both parties;
(b) Medical, dental and health care decisions including how healthcare providers will be selected and a method of communicating medicalconditions of the child and how emergency care will be handled;
(c) Extracurricular activities, including a method for determiningwhich activities the child will participate in when those activitiesinvolve time during which each party is the custodian;
(d) Child care providers, including how such providers will beselected;
(e) Communication procedures including access to telephone numbers asappropriate;
(f) A dispute resolution procedure for those matters on which theparties disagree or in interpreting the parenting plan;
(g) If a party suggests no shared decision-making, a statement of thereasons for such a request;
(3) How the expenses of the child, including child care, educationaland extraordinary expenses as defined in the child support guidelinesestablished by the supreme court, will be paid including:
(a) The suggested amount of child support to be paid by each party;
(b) The party who will maintain or provide health insurance for thechild and how the medical, dental, vision, psychological and other healthcare expenses of the child not paid by insurance will be paid by theparties;
(c) The payment of educational expenses, if any;
(d) The payment of extraordinary expenses of the child, if any;
(e) Child care expenses, if any;
(f) Transportation expenses, if any.
9. If the proposed parenting plans of the parties differ and theparties cannot resolve the differences or if any party fails to file aproposed parenting plan, upon motion of either party and an opportunity forthe parties to be heard, the court shall enter a temporary order containinga parenting plan setting forth the arrangements specified in subsection 8of this section which will remain in effect until further order of thecourt. The temporary order entered by the court shall not create apreference for the court in its adjudication of final custody, childsupport or visitation.
10. Within one hundred twenty days after August 28, 1998, theMissouri supreme court shall have in effect guidelines for a parenting planform which may be used by the parties pursuant to this section in anydissolution of marriage, legal separation or modification proceedinginvolving issues of custody and visitation relating to the child.
11. The filing of a parenting plan for any child over the age ofeighteen for whom custody, visitation, or support is being established ormodified by a court of competent jurisdiction is not required. Nothing inthis section shall be construed as precluding the filing of a parentingplan upon agreement of the parties or if ordered to do so by the court forany child over the age of eighteen for whom custody, visitation, or supportis being established or modified by a court of competent jurisdiction.
