Custody--definitions--factors determining custody--prohibited,when--public policy of state--custody options plan, whenrequired--findings required, when--exchange of information and rightto certain records, failure to disclose--fees, costs assessed,when--joint custody not to preclude child support--support, howdetermined--domestic violence or abuse, specific findings.
452.375. 1. As used in this chapter, unless the context clearlyindicates otherwise:
(1) "Custody" means joint legal custody, sole legal custody, jointphysical custody or sole physical custody or any combination thereof;
(2) "Joint legal custody" means that the parents share thedecision-making rights, responsibilities, and authority relating to thehealth, education and welfare of the child, and, unless allocated,apportioned, or decreed, the parents shall confer with one another in theexercise of decision-making rights, responsibilities, and authority;
(3) "Joint physical custody" means an order awarding each of theparents significant, but not necessarily equal, periods of time duringwhich a child resides with or is under the care and supervision of each ofthe parents. Joint physical custody shall be shared by the parents in sucha way as to assure the child of frequent, continuing and meaningful contactwith both parents;
(4) "Third-party custody" means a third party designated as a legaland physical custodian pursuant to subdivision (5) of subsection 5 of thissection.
2. The court shall determine custody in accordance with the bestinterests of the child. The court shall consider all relevant factorsincluding:
(1) The wishes of the child's parents as to custody and the proposedparenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing and meaningfulrelationship with both parents and the ability and willingness of parentsto actively perform their functions as mother and father for the needs ofthe child;
(3) The interaction and interrelationship of the child with parents,siblings, and any other person who may significantly affect the child'sbest interests;
(4) Which parent is more likely to allow the child frequent,continuing and meaningful contact with the other parent;
(5) The child's adjustment to the child's home, school, andcommunity;
(6) The mental and physical health of all individuals involved,including any history of abuse of any individuals involved. If the courtfinds that a pattern of domestic violence has occurred, and, if the courtalso finds that awarding custody to the abusive parent is in the bestinterest of the child, then the court shall enter written findings of factand conclusions of law. Custody and visitation rights shall be ordered ina manner that best protects the child and any other child or children forwhom the parent has custodial or visitation rights, and the parent or otherfamily or household member who is the victim of domestic violence from anyfurther harm;
(7) The intention of either parent to relocate the principalresidence of the child; and
(8) 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 acourt considers in determining custody of such child or children.
3. (1) In any court proceedings relating to custody of a child, thecourt shall not award custody or unsupervised visitation of a child to aparent if such parent or any person residing with such parent has beenfound guilty of, or pled guilty to, any of the following offenses when achild 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 section568.060, 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 fora violation of an offense committed in another state when a child is thevictim that would be a violation of chapter 566 or 568, RSMo, if committedin Missouri, the court may exercise its discretion in awarding custody orvisitation of a child to a parent if such parent or any person residingwith such parent has been found guilty of, or pled guilty to, any suchoffense.
4. The general assembly finds and declares that it is the publicpolicy of this state that frequent, continuing and meaningful contact withboth parents after the parents have separated or dissolved their marriageis in the best interest of the child, except for cases where the courtspecifically finds that such contact is not in the best interest of thechild, and that it is the public policy of this state to encourage parentsto participate in decisions affecting the health, education and welfare oftheir children, and to resolve disputes involving their children amicablythrough alternative dispute resolution. In order to effectuate thesepolicies, the court shall determine the custody arrangement which will bestassure both parents participate in such decisions and have frequent,continuing and meaningful contact with their children so long as it is inthe best interests of the child.
5. Prior to awarding the appropriate custody arrangement in the bestinterest of the child, the court shall consider each of the following asfollows:
(1) Joint physical and joint legal custody to both parents, whichshall not be denied solely for the reason that one parent opposes a jointphysical and joint legal custody award. The residence of one of theparents shall be designated as the address of the child for mailing andeducational 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 ofthe 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, orunable to be a custodian, or the welfare of the child requires, and it isin the best interests of the child, then custody, temporary custody orvisitation may be awarded to any other person or persons deemed by thecourt to be suitable and able to provide an adequate and stable environmentfor the child. Before the court awards custody, temporary custody orvisitation to a third person under this subdivision, the court shall makethat person a party to the action;
(b) Under the provisions of this subsection, any person may petitionthe court to intervene as a party in interest at any time as provided bysupreme court rule.
6. If the parties have not agreed to a custodial arrangement, or thecourt 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 onthe public policy in subsection 4 of this section and each of the factorslisted in subdivisions (1) to (8) of subsection 2 of this section detailingthe specific relevant factors that made a particular arrangement in thebest interest of the child. If a proposed custodial arrangement isrejected by the court, the court shall include a written finding in thejudgment or order detailing the specific relevant factors resulting in therejection of such arrangement.
7. Upon a finding by the court that either parent has refused toexchange information with the other parent, which shall include but not belimited to information concerning the health, education and welfare of thechild, the court shall order the parent to comply immediately and to paythe prevailing party a sum equal to the prevailing party's cost associatedwith obtaining the requested information, which shall include but not belimited to reasonable attorney's fees and court costs.
8. As between the parents of a child, no preference may be given toeither 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 specificwritten parenting plan setting forth the terms of such parenting planarrangements specified in subsection 7 of section 452.310. Such plan maybe a parenting plan submitted by the parties pursuant to section 452.310or, in the absence thereof, a plan determined by the court, but in allcases, the custody plan approved and ordered by the court shall be in thecourt's discretion and shall be in the best interest of the child.
10. Unless a parent has been denied custody rights pursuant to thissection or visitation rights under section 452.400, both parents shall haveaccess to records and information pertaining to a minor child, including,but not limited to, medical, dental, and school records. If the parentwithout custody has been granted restricted or supervised visitationbecause the court has found that the parent with custody or any child hasbeen the victim of domestic violence, as defined in section 455.200, RSMo,by the parent without custody, the court may order that the reports andrecords made available pursuant to this subsection not include the addressof the parent with custody or the child. Unless a parent has been deniedcustody rights pursuant to this section or visitation rights under section452.400, any judgment of dissolution or other applicable court order shallspecifically allow both parents access to such records and reports.
11. Except as otherwise precluded by state or federal law, if anyindividual, professional, public or private institution or organizationdenies access or fails to provide or disclose any and all records andinformation, including, but not limited to, past and present dental,medical and school records pertaining to a minor child, to either parentupon the written request of such parent, the court shall, upon its findingthat the individual, professional, public or private institution ororganization denied such request without good cause, order that party tocomply immediately with such request and to pay to the prevailing party allcosts incurred, including, but not limited to, attorney's fees and courtcosts associated with obtaining the requested information.
12. An award of joint custody does not preclude an award of childsupport pursuant to section 452.340 and applicable supreme court rules.The court shall consider the factors contained in section 452.340 andapplicable supreme court rules in determining an amount reasonable ornecessary for the support of the child.
13. If the court finds that domestic violence or abuse, as defined insections 455.010 and 455.501, RSMo, has occurred, the court shall makespecific findings of fact to show that the custody or visitationarrangement ordered by the court best protects the child and the parent orother family or household member who is the victim of domestic violence orabuse, as defined in sections 455.010 and 455.501, RSMo, and any otherchildren for whom such parent has custodial or visitation rights from anyfurther harm.
(1976) The desirability of awarding custody of children of tender years, especially girls, to their mother should not be indulged in to the extent of excluding all other relevant matters. R.G.T. v. Y.G.T. (A.), 543 S.W.2d 330.
(1976) This section does not change the ruling case law that general custody of a child must be awarded to one parent or the other unless they are both unfit. Decree awarding joint custody held void. Cradic v. Cradic (A.), 544 S.W.2d 605.
(1976) Child support portion of decree ordering husband to "maintain and provide for the necessities for the two children born of this marriage" held to be indefinite and void. Since it is a judgment for money, decree must specify with certainty the amount for which it is rendered. Cradic v. Cradic (A.), 544 S.W.2d 605.
(1977) Held, giving father temporary custody of children five times a year was abuse of discretion when children lived in Maine and father in Missouri. Taylor v. Taylor (A.), 548 S.W.2d 866.
(1985) Held that this section does not require agreement between the parties as a prerequisite of joint custody. The court may order joint custody over the objection of a parent. Goldberg v. Goldberg (A.), 691 S.W.2d 312.
(1987) Husband was properly awarded the house and custody of the children and wife's visitation rights were properly limited in view of wife's decision to openly practice homosexuality and court was not in error for amending judgment of decree ten days after it had been entered into the record taking the home, custody of the children, maintenance and support away from wife after husband discovered his wife's homosexual relations. S.E.G. v. R.A.G., 735 S.W.2d 164 (Mo.App.E.D.).
(2003) Provision prohibiting sole consideration of home schooling in custody determination applies to issue of whether such a factor constitutes a change in circumstances warranting modification. Heslop v. Sanderson, 123 S.W.3d 214 (Mo.App.W.D.).
Custody--definitions--factors determining custody--prohibited,when--public policy of state--custody options plan, whenrequired--findings required, when--exchange of information and rightto certain records, failure to disclose--fees, costs assessed,when--joint custody not to preclude child support--support, howdetermined--domestic violence or abuse, specific findings.
452.375. 1. As used in this chapter, unless the context clearlyindicates otherwise:
(1) "Custody" means joint legal custody, sole legal custody, jointphysical custody or sole physical custody or any combination thereof;
(2) "Joint legal custody" means that the parents share thedecision-making rights, responsibilities, and authority relating to thehealth, education and welfare of the child, and, unless allocated,apportioned, or decreed, the parents shall confer with one another in theexercise of decision-making rights, responsibilities, and authority;
(3) "Joint physical custody" means an order awarding each of theparents significant, but not necessarily equal, periods of time duringwhich a child resides with or is under the care and supervision of each ofthe parents. Joint physical custody shall be shared by the parents in sucha way as to assure the child of frequent, continuing and meaningful contactwith both parents;
(4) "Third-party custody" means a third party designated as a legaland physical custodian pursuant to subdivision (5) of subsection 5 of thissection.
2. The court shall determine custody in accordance with the bestinterests of the child. The court shall consider all relevant factorsincluding:
(1) The wishes of the child's parents as to custody and the proposedparenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing and meaningfulrelationship with both parents and the ability and willingness of parentsto actively perform their functions as mother and father for the needs ofthe child;
(3) The interaction and interrelationship of the child with parents,siblings, and any other person who may significantly affect the child'sbest interests;
(4) Which parent is more likely to allow the child frequent,continuing and meaningful contact with the other parent;
(5) The child's adjustment to the child's home, school, andcommunity;
(6) The mental and physical health of all individuals involved,including any history of abuse of any individuals involved. If the courtfinds that a pattern of domestic violence has occurred, and, if the courtalso finds that awarding custody to the abusive parent is in the bestinterest of the child, then the court shall enter written findings of factand conclusions of law. Custody and visitation rights shall be ordered ina manner that best protects the child and any other child or children forwhom the parent has custodial or visitation rights, and the parent or otherfamily or household member who is the victim of domestic violence from anyfurther harm;
(7) The intention of either parent to relocate the principalresidence of the child; and
(8) 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 acourt considers in determining custody of such child or children.
3. (1) In any court proceedings relating to custody of a child, thecourt shall not award custody or unsupervised visitation of a child to aparent if such parent or any person residing with such parent has beenfound guilty of, or pled guilty to, any of the following offenses when achild 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 section568.060, 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 fora violation of an offense committed in another state when a child is thevictim that would be a violation of chapter 566 or 568, RSMo, if committedin Missouri, the court may exercise its discretion in awarding custody orvisitation of a child to a parent if such parent or any person residingwith such parent has been found guilty of, or pled guilty to, any suchoffense.
4. The general assembly finds and declares that it is the publicpolicy of this state that frequent, continuing and meaningful contact withboth parents after the parents have separated or dissolved their marriageis in the best interest of the child, except for cases where the courtspecifically finds that such contact is not in the best interest of thechild, and that it is the public policy of this state to encourage parentsto participate in decisions affecting the health, education and welfare oftheir children, and to resolve disputes involving their children amicablythrough alternative dispute resolution. In order to effectuate thesepolicies, the court shall determine the custody arrangement which will bestassure both parents participate in such decisions and have frequent,continuing and meaningful contact with their children so long as it is inthe best interests of the child.
5. Prior to awarding the appropriate custody arrangement in the bestinterest of the child, the court shall consider each of the following asfollows:
(1) Joint physical and joint legal custody to both parents, whichshall not be denied solely for the reason that one parent opposes a jointphysical and joint legal custody award. The residence of one of theparents shall be designated as the address of the child for mailing andeducational 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 ofthe 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, orunable to be a custodian, or the welfare of the child requires, and it isin the best interests of the child, then custody, temporary custody orvisitation may be awarded to any other person or persons deemed by thecourt to be suitable and able to provide an adequate and stable environmentfor the child. Before the court awards custody, temporary custody orvisitation to a third person under this subdivision, the court shall makethat person a party to the action;
(b) Under the provisions of this subsection, any person may petitionthe court to intervene as a party in interest at any time as provided bysupreme court rule.
6. If the parties have not agreed to a custodial arrangement, or thecourt 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 onthe public policy in subsection 4 of this section and each of the factorslisted in subdivisions (1) to (8) of subsection 2 of this section detailingthe specific relevant factors that made a particular arrangement in thebest interest of the child. If a proposed custodial arrangement isrejected by the court, the court shall include a written finding in thejudgment or order detailing the specific relevant factors resulting in therejection of such arrangement.
7. Upon a finding by the court that either parent has refused toexchange information with the other parent, which shall include but not belimited to information concerning the health, education and welfare of thechild, the court shall order the parent to comply immediately and to paythe prevailing party a sum equal to the prevailing party's cost associatedwith obtaining the requested information, which shall include but not belimited to reasonable attorney's fees and court costs.
8. As between the parents of a child, no preference may be given toeither 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 specificwritten parenting plan setting forth the terms of such parenting planarrangements specified in subsection 7 of section 452.310. Such plan maybe a parenting plan submitted by the parties pursuant to section 452.310or, in the absence thereof, a plan determined by the court, but in allcases, the custody plan approved and ordered by the court shall be in thecourt's discretion and shall be in the best interest of the child.
10. Unless a parent has been denied custody rights pursuant to thissection or visitation rights under section 452.400, both parents shall haveaccess to records and information pertaining to a minor child, including,but not limited to, medical, dental, and school records. If the parentwithout custody has been granted restricted or supervised visitationbecause the court has found that the parent with custody or any child hasbeen the victim of domestic violence, as defined in section 455.200, RSMo,by the parent without custody, the court may order that the reports andrecords made available pursuant to this subsection not include the addressof the parent with custody or the child. Unless a parent has been deniedcustody rights pursuant to this section or visitation rights under section452.400, any judgment of dissolution or other applicable court order shallspecifically allow both parents access to such records and reports.
11. Except as otherwise precluded by state or federal law, if anyindividual, professional, public or private institution or organizationdenies access or fails to provide or disclose any and all records andinformation, including, but not limited to, past and present dental,medical and school records pertaining to a minor child, to either parentupon the written request of such parent, the court shall, upon its findingthat the individual, professional, public or private institution ororganization denied such request without good cause, order that party tocomply immediately with such request and to pay to the prevailing party allcosts incurred, including, but not limited to, attorney's fees and courtcosts associated with obtaining the requested information.
12. An award of joint custody does not preclude an award of childsupport pursuant to section 452.340 and applicable supreme court rules.The court shall consider the factors contained in section 452.340 andapplicable supreme court rules in determining an amount reasonable ornecessary for the support of the child.
13. If the court finds that domestic violence or abuse, as defined insections 455.010 and 455.501, RSMo, has occurred, the court shall makespecific findings of fact to show that the custody or visitationarrangement ordered by the court best protects the child and the parent orother family or household member who is the victim of domestic violence orabuse, as defined in sections 455.010 and 455.501, RSMo, and any otherchildren for whom such parent has custodial or visitation rights from anyfurther harm.
(1976) The desirability of awarding custody of children of tender years, especially girls, to their mother should not be indulged in to the extent of excluding all other relevant matters. R.G.T. v. Y.G.T. (A.), 543 S.W.2d 330.
(1976) This section does not change the ruling case law that general custody of a child must be awarded to one parent or the other unless they are both unfit. Decree awarding joint custody held void. Cradic v. Cradic (A.), 544 S.W.2d 605.
(1976) Child support portion of decree ordering husband to "maintain and provide for the necessities for the two children born of this marriage" held to be indefinite and void. Since it is a judgment for money, decree must specify with certainty the amount for which it is rendered. Cradic v. Cradic (A.), 544 S.W.2d 605.
(1977) Held, giving father temporary custody of children five times a year was abuse of discretion when children lived in Maine and father in Missouri. Taylor v. Taylor (A.), 548 S.W.2d 866.
(1985) Held that this section does not require agreement between the parties as a prerequisite of joint custody. The court may order joint custody over the objection of a parent. Goldberg v. Goldberg (A.), 691 S.W.2d 312.
(1987) Husband was properly awarded the house and custody of the children and wife's visitation rights were properly limited in view of wife's decision to openly practice homosexuality and court was not in error for amending judgment of decree ten days after it had been entered into the record taking the home, custody of the children, maintenance and support away from wife after husband discovered his wife's homosexual relations. S.E.G. v. R.A.G., 735 S.W.2d 164 (Mo.App.E.D.).
(2003) Provision prohibiting sole consideration of home schooling in custody determination applies to issue of whether such a factor constitutes a change in circumstances warranting modification. Heslop v. Sanderson, 123 S.W.3d 214 (Mo.App.W.D.).
Custody--definitions--factors determining custody--prohibited,when--public policy of state--custody options plan, whenrequired--findings required, when--exchange of information and rightto certain records, failure to disclose--fees, costs assessed,when--joint custody not to preclude child support--support, howdetermined--domestic violence or abuse, specific findings.
452.375. 1. As used in this chapter, unless the context clearlyindicates otherwise:
(1) "Custody" means joint legal custody, sole legal custody, jointphysical custody or sole physical custody or any combination thereof;
(2) "Joint legal custody" means that the parents share thedecision-making rights, responsibilities, and authority relating to thehealth, education and welfare of the child, and, unless allocated,apportioned, or decreed, the parents shall confer with one another in theexercise of decision-making rights, responsibilities, and authority;
(3) "Joint physical custody" means an order awarding each of theparents significant, but not necessarily equal, periods of time duringwhich a child resides with or is under the care and supervision of each ofthe parents. Joint physical custody shall be shared by the parents in sucha way as to assure the child of frequent, continuing and meaningful contactwith both parents;
(4) "Third-party custody" means a third party designated as a legaland physical custodian pursuant to subdivision (5) of subsection 5 of thissection.
2. The court shall determine custody in accordance with the bestinterests of the child. The court shall consider all relevant factorsincluding:
(1) The wishes of the child's parents as to custody and the proposedparenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing and meaningfulrelationship with both parents and the ability and willingness of parentsto actively perform their functions as mother and father for the needs ofthe child;
(3) The interaction and interrelationship of the child with parents,siblings, and any other person who may significantly affect the child'sbest interests;
(4) Which parent is more likely to allow the child frequent,continuing and meaningful contact with the other parent;
(5) The child's adjustment to the child's home, school, andcommunity;
(6) The mental and physical health of all individuals involved,including any history of abuse of any individuals involved. If the courtfinds that a pattern of domestic violence has occurred, and, if the courtalso finds that awarding custody to the abusive parent is in the bestinterest of the child, then the court shall enter written findings of factand conclusions of law. Custody and visitation rights shall be ordered ina manner that best protects the child and any other child or children forwhom the parent has custodial or visitation rights, and the parent or otherfamily or household member who is the victim of domestic violence from anyfurther harm;
(7) The intention of either parent to relocate the principalresidence of the child; and
(8) 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 acourt considers in determining custody of such child or children.
3. (1) In any court proceedings relating to custody of a child, thecourt shall not award custody or unsupervised visitation of a child to aparent if such parent or any person residing with such parent has beenfound guilty of, or pled guilty to, any of the following offenses when achild 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 section568.060, 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 fora violation of an offense committed in another state when a child is thevictim that would be a violation of chapter 566 or 568, RSMo, if committedin Missouri, the court may exercise its discretion in awarding custody orvisitation of a child to a parent if such parent or any person residingwith such parent has been found guilty of, or pled guilty to, any suchoffense.
4. The general assembly finds and declares that it is the publicpolicy of this state that frequent, continuing and meaningful contact withboth parents after the parents have separated or dissolved their marriageis in the best interest of the child, except for cases where the courtspecifically finds that such contact is not in the best interest of thechild, and that it is the public policy of this state to encourage parentsto participate in decisions affecting the health, education and welfare oftheir children, and to resolve disputes involving their children amicablythrough alternative dispute resolution. In order to effectuate thesepolicies, the court shall determine the custody arrangement which will bestassure both parents participate in such decisions and have frequent,continuing and meaningful contact with their children so long as it is inthe best interests of the child.
5. Prior to awarding the appropriate custody arrangement in the bestinterest of the child, the court shall consider each of the following asfollows:
(1) Joint physical and joint legal custody to both parents, whichshall not be denied solely for the reason that one parent opposes a jointphysical and joint legal custody award. The residence of one of theparents shall be designated as the address of the child for mailing andeducational 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 ofthe 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, orunable to be a custodian, or the welfare of the child requires, and it isin the best interests of the child, then custody, temporary custody orvisitation may be awarded to any other person or persons deemed by thecourt to be suitable and able to provide an adequate and stable environmentfor the child. Before the court awards custody, temporary custody orvisitation to a third person under this subdivision, the court shall makethat person a party to the action;
(b) Under the provisions of this subsection, any person may petitionthe court to intervene as a party in interest at any time as provided bysupreme court rule.
6. If the parties have not agreed to a custodial arrangement, or thecourt 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 onthe public policy in subsection 4 of this section and each of the factorslisted in subdivisions (1) to (8) of subsection 2 of this section detailingthe specific relevant factors that made a particular arrangement in thebest interest of the child. If a proposed custodial arrangement isrejected by the court, the court shall include a written finding in thejudgment or order detailing the specific relevant factors resulting in therejection of such arrangement.
7. Upon a finding by the court that either parent has refused toexchange information with the other parent, which shall include but not belimited to information concerning the health, education and welfare of thechild, the court shall order the parent to comply immediately and to paythe prevailing party a sum equal to the prevailing party's cost associatedwith obtaining the requested information, which shall include but not belimited to reasonable attorney's fees and court costs.
8. As between the parents of a child, no preference may be given toeither 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 specificwritten parenting plan setting forth the terms of such parenting planarrangements specified in subsection 7 of section 452.310. Such plan maybe a parenting plan submitted by the parties pursuant to section 452.310or, in the absence thereof, a plan determined by the court, but in allcases, the custody plan approved and ordered by the court shall be in thecourt's discretion and shall be in the best interest of the child.
10. Unless a parent has been denied custody rights pursuant to thissection or visitation rights under section 452.400, both parents shall haveaccess to records and information pertaining to a minor child, including,but not limited to, medical, dental, and school records. If the parentwithout custody has been granted restricted or supervised visitationbecause the court has found that the parent with custody or any child hasbeen the victim of domestic violence, as defined in section 455.200, RSMo,by the parent without custody, the court may order that the reports andrecords made available pursuant to this subsection not include the addressof the parent with custody or the child. Unless a parent has been deniedcustody rights pursuant to this section or visitation rights under section452.400, any judgment of dissolution or other applicable court order shallspecifically allow both parents access to such records and reports.
11. Except as otherwise precluded by state or federal law, if anyindividual, professional, public or private institution or organizationdenies access or fails to provide or disclose any and all records andinformation, including, but not limited to, past and present dental,medical and school records pertaining to a minor child, to either parentupon the written request of such parent, the court shall, upon its findingthat the individual, professional, public or private institution ororganization denied such request without good cause, order that party tocomply immediately with such request and to pay to the prevailing party allcosts incurred, including, but not limited to, attorney's fees and courtcosts associated with obtaining the requested information.
12. An award of joint custody does not preclude an award of childsupport pursuant to section 452.340 and applicable supreme court rules.The court shall consider the factors contained in section 452.340 andapplicable supreme court rules in determining an amount reasonable ornecessary for the support of the child.
13. If the court finds that domestic violence or abuse, as defined insections 455.010 and 455.501, RSMo, has occurred, the court shall makespecific findings of fact to show that the custody or visitationarrangement ordered by the court best protects the child and the parent orother family or household member who is the victim of domestic violence orabuse, as defined in sections 455.010 and 455.501, RSMo, and any otherchildren for whom such parent has custodial or visitation rights from anyfurther harm.
(1976) The desirability of awarding custody of children of tender years, especially girls, to their mother should not be indulged in to the extent of excluding all other relevant matters. R.G.T. v. Y.G.T. (A.), 543 S.W.2d 330.
(1976) This section does not change the ruling case law that general custody of a child must be awarded to one parent or the other unless they are both unfit. Decree awarding joint custody held void. Cradic v. Cradic (A.), 544 S.W.2d 605.
(1976) Child support portion of decree ordering husband to "maintain and provide for the necessities for the two children born of this marriage" held to be indefinite and void. Since it is a judgment for money, decree must specify with certainty the amount for which it is rendered. Cradic v. Cradic (A.), 544 S.W.2d 605.
(1977) Held, giving father temporary custody of children five times a year was abuse of discretion when children lived in Maine and father in Missouri. Taylor v. Taylor (A.), 548 S.W.2d 866.
(1985) Held that this section does not require agreement between the parties as a prerequisite of joint custody. The court may order joint custody over the objection of a parent. Goldberg v. Goldberg (A.), 691 S.W.2d 312.
(1987) Husband was properly awarded the house and custody of the children and wife's visitation rights were properly limited in view of wife's decision to openly practice homosexuality and court was not in error for amending judgment of decree ten days after it had been entered into the record taking the home, custody of the children, maintenance and support away from wife after husband discovered his wife's homosexual relations. S.E.G. v. R.A.G., 735 S.W.2d 164 (Mo.App.E.D.).
(2003) Provision prohibiting sole consideration of home schooling in custody determination applies to issue of whether such a factor constitutes a change in circumstances warranting modification. Heslop v. Sanderson, 123 S.W.3d 214 (Mo.App.W.D.).
