COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0035S.01I Bill No.:SB 262 Subject:Children and Minors; Courts; Domestic Relations; Family Law; Guardians Type:Original Date:March 11, 2025Bill Summary:This proposal modifies provisions relating to child custody.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on General
Revenue$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Potential unknown costs to courts related to child custody cases assumed to be less than
$250,000 annually.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Various State Funds*Less than $250,000Less than $250,000Less than $250,000Total Estimated Net
Effect on Other State
FundsLess than $250,000Less than $250,000Less than $250,000
*The court costs for a Class A Misdemeanor offense go to various state and local funds.
Numbers within parentheses: () indicate costs or losses. L.R. No. 0035S.01I
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government*Less than $250,000Less than $250,000Less than $250,000
*The fine revenue for a Class A Misdemeanor offense goes to local school districts and court
costs go to various state and local funds. L.R. No. 0035S.01I
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FISCAL ANALYSIS
ASSUMPTION
§§452.340, 452.375, 452.377, 452.780, 453.110, and 475.060 – Child custody
Officials from the Office of State Courts Administrator (OSCA) state SB 262 may result in
some impact but there is no way to quantify that amount currently. Any significant changes will
be reflected in future budget requests.
Oversight notes OSCA assumes this proposal may have some impact on their organization
although it can’t be quantified at this time. As OSCA is unable to provide additional information
regarding the potential impact, Oversight assumes the proposed legislation will have a $0 to
(Unknown) cost to the General Revenue Fund. For fiscal note purposes, Oversight also assumes
the impact will be under $250,000 annually. If this assumption is incorrect, this would alter the
fiscal impact as presented in this fiscal note. If additional information is received, Oversight will
review it to determine if an updated fiscal note should be prepared and seek approval to publish a
new fiscal note.
Officials from the Missouri Office of Prosecution Services (MOPS) state the proposal will
have no measurable fiscal impact to MOPS. The enactment of a new crime (§452.780.6) creates
additional responsibilities for county prosecutors and the circuit attorney which may in turn
result in additional costs which are difficult to determine.
Oversight has no information to the contrary. Therefore, Oversight will present no fiscal impact
for MOPS.
Officials from the Department of Corrections, the Department of Public Safety - Missouri
Highway PatrolDepartment of Social Services each assume the proposal will have no
fiscal impact on their respective organizations. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies.
Oversight also notes the provisions of §452.780.6 provides that any person who knowingly,
purposefully, or intentionally fails to give accurate, full, and complete information as required by
the section is guilty of a class A misdemeanor. Class A misdemeanors carry a penalty of $2,000
for each offense in addition to any individual county/municipal fees and court costs. The fine
revenue for the offense goes to local school funds and court costs go to various state and local
funds. Oversight assumes there will be some (less than $250,000) amount of fine revenue from
violations of the statute. Therefore, the impact to various state funds and local governments will L.R. No. 0035S.01I
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be presented as less than $250,000. For simplicity, Oversight will not reflect the possibility that
fine revenue paid to school districts may act as a subtraction in the foundation formula.
Below are examples of some of the state and local funds which court costs are distributed:
Fee/Fund NameFee AmountBasic Civil Legal Services Fund$8.00Clerk Fee$15.00 ($12 State/$3 County)County Fee$25.00State Court Automation Fund$7.00Crime Victims’ Compensation Fund$7.50DNA Profiling Analysis Fund$15.00Peace Officer Standards and Training
(POST) Fund
$1.00Motorcycle Safety Trust Fund$1.00Brain Injury Fund$2.00Independent Living Center Fund$1.00Sheriff’s Fee$10.00 (County)Prosecuting Attorney and Circuit Attorney
Training Fund
$4.00Prosecuting Attorney Training Fund$1.00 ($0.50 State/$0.50 County)Spinal Cord Injury Fund$2.00
Oversight only reflects the responses received from state agencies and political subdivisions;
however, various county officials were requested to respond to this proposed legislation but did
not. A listing of political subdivisions included in the Missouri Legislative Information System
(MOLIS) database is available upon request.
FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUE FUNDCosts – OSCA (§§452.340 - 475.060) –
increase in costs related to child
custody cases p.3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown) L.R. No. 0035S.01I
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FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028VARIOUS STATE FUNDSRevenue – (§452.780.6) Court costs
p. 3
Less than
$250,000
Less than
$250,000
Less than
$250,000
ESTIMATED NET EFFECT ON
VARIOUS STATE FUNDS
Less than
$250,000
Less than
$250,000
Less than
$250,000
FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028LOCAL POLITICAL
SUBDIVISIONS
Revenue – (§452.780.6) Court costs
p. 3
Less than
$250,000
Less than
$250,000
Less than
$250,000
Revenue – Schools (§452.780.6) Fine
revenue p. 3
Less than
$250,000
Less than
$250,000
Less than
$250,000
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
Less than
$250,000
Less than
$250,000
Less than
$250,000
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
Under this act, the obligation of a parent ordered to pay child support shall abate, in whole or in
part, if the other parent has permanently transferred custody of the child to a third party without
first obtaining court approval.
Additionally, in custody cases where a court finds each parent to be unfit, unsuitable, or unable
to be a custodian and the court determines that custody, temporary custody, or visitation with a
third person is in the best interests of the child, the court shall notify the child's relatives, within
the third degree, and any persons with whom the child has resided within 5 years that such
persons may intervene to seek third party custody, temporary custody, or visitation, if such L.R. No. 0035S.01I
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persons are not already a party to the action. Any person may petition the court to intervene as a
party of interest at any time and the court shall allow such intervention as a matter of right.
Priority and preference for third party custody shall be given as set forth in the act.
No order denying third party contact with a child shall be entered by the court against a third
party who has not been made a party to the action unless the court finds that the third party may
not be found and joined as a party.
This act modifies the definition of "relocation" of a child in a custody arrangement to include the
permanent transfer of custody of a child under a court order. In cases involving a proposed
permanent transfer of custody to a third party, the legal custodian shall give notice of the
proposed change in residence or location of the child to any noncustodial parent whose last
known address is on record with the court, as provided for in the act. Such notice shall be in
writing and shall be provided at least 60 days in advance of the proposed transfer. The notice
shall not include the actual address to which the child shall be relocated, but shall include
information on the noncustodial parent's right to intervene and seek custody of the child. After
August 28, 2025, every court order establishing or modifying custody shall include the addresses
of the legal custodians and noncustodial parents, as specified in the act. (§§452.340, 452.375,
452.377 and 453.110)
Current law requires each party in a child custody proceeding to give information as to the
child's residences over the prior five years. Under this act, any person who knowingly,
purposefully, or intentionally fails to give accurate, full, and complete information shall be guilty
of a Class A misdemeanor and shall be reported to the local prosecuting or circuit attorney.
(§452.780)
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Corrections
Department of Public Safety – Missouri Highway Patrol
Department of Social Services
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Julie MorffJessica HarrisDirectorAssistant DirectorMarch 11, 2025March 11, 2025