Missouri 2025 Regular Session

Missouri Senate Bill SB262 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 262
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR MOSLEY.
8	8	0035S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 452.340, 452.375, 452.377, 452.780, 453.110, and 475.060, RSMo, and to enact
11	11	in lieu thereof six new sections relating to child custody, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 452.340, 452.375, 452.377, 452.780, 1
15	15	453.110, and 475.060, RSMo, are repealed and six new secti ons 2
16	16	enacted in lieu thereof, to be known as sections 452.340, 3
17	17	452.375, 452.377, 452.780, 453.110, and 475.060, to read as 4
18	18	follows:5
19	19	452.340. 1. In a proceeding for dissolution of 1
20	20	marriage, legal separation or child support, the court may 2
21	21	order either or both parents owing a duty of support to a 3
22	22	child of the marriage to pay an amount reasonable or 4
23	23	necessary for the support of the child, including an award 5
24	24	retroactive to the date of filing the petition, without 6
25	25	regard to marital misconduct, after considering all relevant 7
26	26	factors including: 8
27	27	(1) The financial needs and resources of the child; 9
28	28	(2) The financial resources and needs of the parents; 10
29	29	(3) The standard of living the child would have 11
30	30	enjoyed had the marriage not been dis solved; 12
31	31	(4) The physical and emotional condition of the child, 13
32	32	and the child's educational needs; 14
33	33	(5) The child's physical and legal custody 15
34	34	arrangements, including the amount of time the child spends 16 SB 262 2
35	35	with each parent and the reasonable expe nses associated with 17
36	36	the custody or visitation arrangements; and 18
37	37	(6) The reasonable work-related child care expenses of 19
38	38	each parent. 20
39	39	2. The obligation of the parent ordered to make 21
40	40	support payments shall abate, in whole or in part, for such 22
41	41	periods of time in excess of thirty consecutive days that 23
42	42	the other parent or third party custodian has voluntarily 24
43	43	relinquished physical custody of a child to the parent 25
44	44	ordered to pay child support, notwithstanding any periods of 26
45	45	visitation or temporary physical and legal or physical or 27
46	46	legal custody pursuant to a judgment of dissolution or legal 28
47	47	separation or any modification thereof , or has permanently 29
48	48	transferred custody of the child to a third party in 30
49	49	violation of section 453.110 . In a IV-D case, the family 31
50	50	support division may determine the amount of the abatement 32
51	51	pursuant to this subsection for any child support order and 33
52	52	shall record the amount of abatement in the automated child 34
53	53	support system record established pursuant to chapter 4 54. 35
54	54	If the case is not a IV -D case and upon court order, the 36
55	55	circuit clerk shall record the amount of abatement in the 37
56	56	automated child support system record established in chapter 38
57	57	454. 39
58	58	3. Unless the circumstances of the child manifestly 40
59	59	dictate otherwise and the court specifically so provides, 41
60	60	the obligation of a parent to make child support payments 42
61	61	shall terminate when the child: 43
62	62	(1) Dies; 44
63	63	(2) Marries; 45
64	64	(3) Enters active duty in the military; 46 SB 262 3
65	65	(4) Becomes self-supporting, provided that the 47
66	66	custodial parent has relinquished the child from parental 48
67	67	control by express or implied consent; 49
68	68	(5) Reaches age eighteen, unless the provisions of 50
69	69	subsection 4 or 5 of this section apply; or 51
70	70	(6) Reaches age twenty-one, unless the provisions of 52
71	71	the child support order specifically extend the parental 53
72	72	support order past the child's twenty -first birthday for 54
73	73	reasons provided by subsection 4 of this section. 55
74	74	4. If the child is physically or mentally 56
75	75	incapacitated from supporting himself and insolvent and 57
76	76	unmarried, the court may extend the parental support 58
77	77	obligation past the child's eighteenth birthday. 59
78	78	5. If when a child reaches age eighteen, the child is 60
79	79	enrolled in and attending a secondary school progr am of 61
80	80	instruction, the parental support obligation shall continue, 62
81	81	if the child continues to attend and progresses toward 63
82	82	completion of said program, until the child completes such 64
83	83	program or reaches age twenty -one, whichever first occurs. 65
84	84	If the child is enrolled in an institution of vocational or 66
85	85	higher education not later than October first following 67
86	86	graduation from a secondary school or completion of a 68
87	87	graduation equivalence degree program and so long as the 69
88	88	child enrolls for and completes at least twelve hours of 70
89	89	credit each semester, not including the summer semester, at 71
90	90	an institution of vocational or higher education and 72
91	91	achieves grades sufficient to reenroll at such institution, 73
92	92	the parental support obligation shall continue until the 74
93	93	child completes his or her education, or until the child 75
94	94	reaches the age of twenty -one, whichever first occurs. To 76
95	95	remain eligible for such continued parental support, at the 77
96	96	beginning of each semester the child shall submit to each 78 SB 262 4
97	97	parent a transcript or similar official document provided by 79
98	98	the institution of vocational or higher education which 80
99	99	includes the courses the child is enrolled in and has 81
100	100	completed for each term, the grades and credits received for 82
101	101	each such course, and an official doc ument from the 83
102	102	institution listing the courses which the child is enrolled 84
103	103	in for the upcoming term and the number of credits for each 85
104	104	such course. When enrolled in at least twelve credit hours, 86
105	105	if the child receives failing grades in half or more of his 87
106	106	or her courseload in any one semester, payment of child 88
107	107	support may be terminated and shall not be eligible for 89
108	108	reinstatement. Upon request for notification of the child's 90
109	109	grades by the noncustodial parent, the child shall produce 91
110	110	the required documents to the noncustodial parent within 92
111	111	thirty days of receipt of grades from the education 93
112	112	institution. If the child fails to produce the required 94
113	113	documents, payment of child support may terminate without 95
114	114	the accrual of any child support arrearage and shall not be 96
115	115	eligible for reinstatement. If the circumstances of the 97
116	116	child manifestly dictate, the court may waive the October 98
117	117	first deadline for enrollment required by this subsection. 99
118	118	If the child is enrolled in such an institution, the child 100
119	119	or parent obligated to pay support may petition the court to 101
120	120	amend the order to direct the obligated parent to make the 102
121	121	payments directly to the child. As used in this section, an 103
122	122	"institution of vocational education" means any 104
123	123	postsecondary training or schooling for which the student is 105
124	124	assessed a fee and attends classes regularly. "Higher 106
125	125	education" means any community college, college, or 107
126	126	university at which the child attends classes regularly. A 108
127	127	child who has been diagnosed with a development al 109
128	128	disability, as defined in section 630.005, or whose physical 110 SB 262 5
129	129	disability or diagnosed health problem limits the child's 111
130	130	ability to carry the number of credit hours prescribed in 112
131	131	this subsection, shall remain eligible for child support so 113
132	132	long as such child is enrolled in and attending an 114
133	133	institution of vocational or higher education, and the child 115
134	134	continues to meet the other requirements of this 116
135	135	subsection. A child who is employed at least fifteen hours 117
136	136	per week during the semester may take as f ew as nine credit 118
137	137	hours per semester and remain eligible for child support so 119
138	138	long as all other requirements of this subsection are 120
139	139	complied with. 121
140	140	6. The court shall consider ordering a parent to waive 122
141	141	the right to claim the tax dependency exempt ion for a child 123
142	142	enrolled in an institution of vocational or higher education 124
143	143	in favor of the other parent if the application of state and 125
144	144	federal tax laws and eligibility for financial aid will make 126
145	145	an award of the exemption to the other parent appropr iate. 127
146	146	7. The general assembly finds and declares that it is 128
147	147	the public policy of this state that frequent, continuing 129
148	148	and meaningful contact with both parents after the parents 130
149	149	have separated or dissolved their marriage is in the best 131
150	150	interest of the child except for cases where the court 132
151	151	specifically finds that such contact is not in the best 133
152	152	interest of the child. In order to effectuate this public 134
153	153	policy, a court with jurisdiction shall enforce visitation, 135
154	154	custody and child support orders in the same manner. A 136
155	155	court with jurisdiction may abate, in whole or in part, any 137
156	156	past or future obligation of support and may transfer the 138
157	157	physical and legal or physical or legal custody of one or 139
158	158	more children if it finds that a parent has, without good 140
159	159	cause, failed to provide visitation or physical and legal or 141
160	160	physical or legal custody to the other parent pursuant to 142 SB 262 6
161	161	the terms of a judgment of dissolution, legal separation or 143
162	162	modifications thereof. The court shall also award, if 144
163	163	requested and for good cause shown, reasonable expenses, 145
164	164	attorney's fees and court costs incurred by the prevailing 146
165	165	party. 147
166	166	8. The Missouri supreme court shall have in effect a 148
167	167	rule establishing guidelines by which any award of child 149
168	168	support shall be made in any judicial or administrative 150
169	169	proceeding. Said guidelines shall contain specific, 151
170	170	descriptive and numeric criteria which will result in a 152
171	171	computation of the support obligation. The guidelines shall 153
172	172	address how the amount of child support shall be ca lculated 154
173	173	when an award of joint physical custody results in the child 155
174	174	or children spending equal or substantially equal time with 156
175	175	both parents and the directions and comments and any tabular 157
176	176	representations of the directions and comments for 158
177	177	completion of the child support guidelines and a subsequent 159
178	178	form developed to reflect the guidelines shall reflect the 160
179	179	ability to obtain up to a fifty percent adjustment or credit 161
180	180	below the basic child support amount for joint physical 162
181	181	custody or visitation as described in subsection 11 of this 163
182	182	section. The Missouri supreme court shall publish child 164
183	183	support guidelines and specifically list and explain the 165
184	184	relevant factors and assumptions that were used to calculate 166
185	185	the child support guidelines. Any rule made pursuant to 167
186	186	this subsection shall be reviewed by the promulgating body 168
187	187	not less than once every four years to ensure that its 169
188	188	application results in the determination of appropriate 170
189	189	child support award amounts. 171
190	190	9. There shall be a rebuttable p resumption, in any 172
191	191	judicial or administrative proceeding for the award of child 173
192	192	support, that the amount of the award which would result 174 SB 262 7
193	193	from the application of the guidelines established pursuant 175
194	194	to subsection 8 of this section is the correct amount o f 176
195	195	child support to be awarded. A written finding or specific 177
196	196	finding on the record in a judicial or administrative 178
197	197	proceeding that the application of the guidelines would be 179
198	198	unjust or inappropriate in a particular case, after 180
199	199	considering all relevant factors, including the factors set 181
200	200	out in subsection 1 of this section, shall be required and 182
201	201	shall be sufficient to rebut the presumption in the case. 183
202	202	The written finding or specific finding on the record shall 184
203	203	detail the specific relevant factors t hat required a 185
204	204	deviation from the application of the guidelines. 186
205	205	10. Pursuant to this or any other chapter, when a 187
206	206	court determines the amount owed by a parent for support 188
207	207	provided to a child by another person, other than a parent, 189
208	208	prior to the date of filing of a petition requesting 190
209	209	support, or when the director of the family support division 191
210	210	establishes the amount of state debt due pursuant to 192
211	211	subdivision (2) of subsection 1 of section 454.465, the 193
212	212	court or director shall use the guidelines established 194
213	213	pursuant to subsection 8 of this section. The amount of 195
214	214	child support resulting from the application of the 196
215	215	guidelines shall be applied retroactively for a period prior 197
216	216	to the establishment of a support order and the length of 198
217	217	the period of retroactivity shall be left to the discretion 199
218	218	of the court or director. There shall be a rebuttable 200
219	219	presumption that the amount resulting from application of 201
220	220	the guidelines under subsection 8 of this section 202
221	221	constitutes the amount owed by the paren t for the period 203
222	222	prior to the date of the filing of the petition for support 204
223	223	or the period for which state debt is being established. In 205
224	224	applying the guidelines to determine a retroactive support 206 SB 262 8
225	225	amount, when information as to average monthly income i s 207
226	226	available, the court or director may use the average monthly 208
227	227	income of the noncustodial parent, as averaged over the 209
228	228	period of retroactivity, in determining the amount of 210
229	229	presumed child support owed for the period of 211
230	230	retroactivity. The court or director may enter a different 212
231	231	amount in a particular case upon finding, after 213
232	232	consideration of all relevant factors, including the factors 214
233	233	set out in subsection 1 of this section, that there is 215
234	234	sufficient cause to rebut the presumed amount. 216
235	235	11. The court may award child support in an amount 217
236	236	that provides up to a fifty percent adjustment below the 218
237	237	basic child support amount authorized by the child support 219
238	238	guidelines described under subsection 8 of this section for 220
239	239	custody awards of joint physical custody where the child or 221
240	240	children spend equal or substantially equal time with both 222
241	241	parents. 223
242	242	12. The obligation of a parent to make child support 224
243	243	payments may be terminated as follows: 225
244	244	(1) Provided that the state case registry or child 226
245	245	support order contains the child's date of birth, the 227
246	246	obligation shall be deemed terminated without further 228
247	247	judicial or administrative process when the child reaches 229
248	248	age twenty-one if the child support order does not 230
249	249	specifically require payment of chil d support beyond age 231
250	250	twenty-one for reasons provided by subsection 4 of this 232
251	251	section; 233
252	252	(2) The obligation shall be deemed terminated without 234
253	253	further judicial or administrative process when the parent 235
254	254	receiving child support furnishes a sworn state ment or 236
255	255	affidavit notifying the obligor parent of the child's 237
256	256	emancipation in accordance with the requirements of 238 SB 262 9
257	257	subsection 4 of section 452.370, and a copy of such sworn 239
258	258	statement or affidavit is filed with the court which entered 240
259	259	the order establishing the child support obligation, or the 241
260	260	family support division for an order entered under section 242
261	261	454.470; 243
262	262	(3) The obligation shall be deemed terminated without 244
263	263	further judicial or administrative process when the parent 245
264	264	paying child support fi les a sworn statement or affidavit 246
265	265	with the court which entered the order establishing the 247
266	266	child support obligation, or the family support division for 248
267	267	an order entered under section 454.470, stating that the 249
268	268	child is emancipated and reciting the factu al basis for such 250
269	269	statement; which statement or affidavit is served by the 251
270	270	court or division, as applicable, on the child support 252
271	271	obligee; and which is either acknowledged and affirmed by 253
272	272	the child support obligee in writing, or which is not 254
273	273	responded to in writing within thirty days of receipt by the 255
274	274	child support obligee; 256
275	275	(4) The obligation shall be terminated as provided by 257
276	276	this subdivision by the court which entered the order 258
277	277	establishing the child support obligation, or the family 259
278	278	support division for an order entered under section 454.470, 260
279	279	when the parent paying child support files a sworn statement 261
280	280	or affidavit with the court which entered the order 262
281	281	establishing the child support obligation, or the family 263
282	282	support division, as applic able, stating that the child is 264
283	283	emancipated and reciting the factual basis for such 265
284	284	statement; and which statement or affidavit is served by the 266
285	285	court or division, as applicable, on the child support 267
286	286	obligee. If the obligee denies the statement or aff idavit, 268
287	287	the court or division shall thereupon treat the sworn 269
288	288	statement or affidavit as a request for hearing and shall 270 SB 262 10
289	289	proceed to hear and adjudicate such request for hearing as 271
290	290	provided by law; provided that the court may require the 272
291	291	payment of a deposit as security for court costs and any 273
292	292	accrued court costs, as provided by law, in relation to such 274
293	293	request for hearing. When the division receives a request 275
294	294	for hearing, the hearing shall be held in the manner 276
295	295	provided by section 454.475. 277
296	296	13. The court may enter a judgment terminating child 278
297	297	support pursuant to subdivisions (1) to (3) of subsection 12 279
298	298	of this section without necessity of a court appearance by 280
299	299	either party. The clerk of the court shall mail a copy of a 281
300	300	judgment terminating child support entered pursuant to 282
301	301	subsection 12 of this section on both the obligor and 283
302	302	obligee parents. The supreme court may promulgate uniform 284
303	303	forms for sworn statements and affidavits to terminate 285
304	304	orders of child support obligations for use pursu ant to 286
305	305	subsection 12 of this section and subsection 4 of section 287
306	306	452.370. 288
307	307	452.375. 1. As used in this chapter, unless the 1
308	308	context clearly indicates otherwise: 2
309	309	(1) "Custody" means joint legal custody, sole legal 3
310	310	custody, joint physical custody or sole physical custody or 4
311	311	any combination thereof; 5
312	312	(2) "Joint legal custody" means that the parents share 6
313	313	the decision-making rights, responsibilities, and authority 7
314	314	relating to the health, education and welfare of the child, 8
315	315	and, unless allocated, apportioned, or decreed, the parents 9
316	316	shall confer with one another in the exercise of decision - 10
317	317	making rights, responsibilities, and authority; 11
318	318	(3) "Joint physical custody" means an order awarding 12
319	319	each of the parents signific ant, but not necessarily equal, 13
320	320	periods of time during which a child resides with or is 14 SB 262 11
321	321	under the care and supervision of each of the parents. 15
322	322	Joint physical custody shall be shared by the parents in 16
323	323	such a way as to assure the child of frequent, cont inuing 17
324	324	and meaningful contact with both parents; 18
325	325	(4) "Third-party custody" means a third party 19
326	326	designated as a legal and physical custodian pursuant to 20
327	327	subdivision (5) of subsection 5 of this section. 21
328	328	2. The court shall determine custody in accordance 22
329	329	with the best interests of the child. There shall be a 23
330	330	rebuttable presumption that an award of equal or 24
331	331	approximately equal parenting time to each parent is in the 25
332	332	best interests of the child. Such presumption is rebuttable 26
333	333	only by a preponderance of the evidence in accordance with 27
334	334	all relevant factors, including, but not limited to, the 28
335	335	factors contained in subdivisions (1) to (8) of this 29
336	336	subsection. The presumption may be rebutted if the court 30
337	337	finds that the parents have reached an agreement on all 31
338	338	issues related to custody, or if the court finds that a 32
339	339	pattern of domestic violence has occurred as set out in 33
340	340	subdivision (6) of this subsection. When the parties have 34
341	341	not reached an agreement on all issues related to custody, 35
342	342	the court shall consider all relevant factors and enter 36
343	343	written findings of fact and conclusions of law, including, 37
344	344	but not limited to, the following: 38
345	345	(1) The wishes of the child's parents as to custody 39
346	346	and the proposed parenting plan submitted by bot h parties; 40
347	347	(2) The needs of the child for a frequent, continuing 41
348	348	and meaningful relationship with both parents and the 42
349	349	ability and willingness of parents to actively perform their 43
350	350	functions as mother and father for the needs of the child; 44 SB 262 12
351	351	(3) The interaction and interrelationship of the child 45
352	352	with parents, siblings, and any other person who may 46
353	353	significantly affect the child's best interests; 47
354	354	(4) Which parent is more likely to allow the child 48
355	355	frequent, continuing and meaningful conta ct with the other 49
356	356	parent; 50
357	357	(5) The child's adjustment to the child's home, 51
358	358	school, and community. The fact that a parent sends his or 52
359	359	her child or children to a home school or FPE school shall 53
360	360	not be the sole factor that a court considers in dete rmining 54
361	361	custody of such child or children; 55
362	362	(6) The mental and physical health of all individuals 56
363	363	involved, including any history of abuse of any individuals 57
364	364	involved. If the court finds that a pattern of domestic 58
365	365	violence as defined in section 4 55.010 has occurred, and, if 59
366	366	the court also finds that awarding custody to the abusive 60
367	367	parent is in the best interest of the child, then the court 61
368	368	shall enter written findings of fact and conclusions of 62
369	369	law. Custody and visitation rights shall be orde red in a 63
370	370	manner that best protects the child and any other child or 64
371	371	children for whom the parent has custodial or visitation 65
372	372	rights, and the parent or other family or household member 66
373	373	who is the victim of domestic violence from any further harm; 67
374	374	(7) The intention of either parent to relocate the 68
375	375	principal residence of the child; and 69
376	376	(8) The unobstructed input of a child, free of 70
377	377	coercion and manipulation, as to the child's custodial 71
378	378	arrangement. 72
379	379	3. (1) In any court proceedings rela ting to custody 73
380	380	of a child, the court shall not award custody or 74
381	381	unsupervised visitation of a child to a parent if such 75
382	382	parent or any person residing with such parent has been 76 SB 262 13
383	383	found guilty of, or pled guilty to, any of the following 77
384	384	offenses when a child was the victim: 78
385	385	(a) A felony violation of section 566.030, 566.031, 79
386	386	566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 80
387	387	566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 81
388	388	566.203, 566.206, 566.209, 566.211, or 566.215; 82
389	389	(b) A violation of section 568.020; 83
390	390	(c) A violation of subdivision (2) of subsection 1 of 84
391	391	section 568.060; 85
392	392	(d) A violation of section 568.065; 86
393	393	(e) A violation of section 573.200; 87
394	394	(f) A violation of section 573.205; or 88
395	395	(g) A violation of section 568.175. 89
396	396	(2) For all other violations of offenses in chapters 90
397	397	566 and 568 not specifically listed in subdivision (1) of 91
398	398	this subsection or for a violation of an offense committed 92
399	399	in another state when a child is the victim that would be a 93
400	400	violation of chapter 566 or 568 if committed in Missouri, 94
401	401	the court may exercise its discretion in awarding custody or 95
402	402	visitation of a child to a parent if such parent or any 96
403	403	person residing with such parent has been found guilty of, 97
404	404	or pled guilty to, any such offense. 98
405	405	4. The general assembly finds and declares that it is 99
406	406	the public policy of this state that frequent, continuing 100
407	407	and meaningful contact with both parents after the parents 101
408	408	have separated or dissolved their marriage is in the best 102
409	409	interest of the child, except for cases where the court 103
410	410	specifically finds that such contact is not in the best 104
411	411	interest of the child, and that it is the public policy of 105
412	412	this state to encourage parents to participate in decisions 106
413	413	affecting the health, education and welfare of their 107
414	414	children, and to resolve disputes involving their children 108 SB 262 14
415	415	amicably through alternative dispute resolution. In order 109
416	416	to effectuate these policies, the general assembly 110
417	417	encourages the court to enter a temporary parenti ng plan as 111
418	418	early as practicable in a proceeding under this chapter, 112
419	419	consistent with the provisions of subsection 2 of this 113
420	420	section, and, in so doing, the court shall determine the 114
421	421	custody arrangement which will best assure both parents 115
422	422	participate in such decisions and have frequent, continuing 116
423	423	and meaningful contact with their children so long as it is 117
424	424	in the best interests of the child. 118
425	425	5. Prior to awarding the appropriate custody 119
426	426	arrangement in the best interest of the child, the court 120
427	427	shall consider each of the following as follows: 121
428	428	(1) Joint physical and joint legal custody to both 122
429	429	parents, which shall not be denied solely for the reason 123
430	430	that one parent opposes a joint physical and joint legal 124
431	431	custody award. The residence of one of the parents shall be 125
432	432	designated as the address of the child for mailing and 126
433	433	educational purposes; 127
434	434	(2) Joint physical custody with one party granted sole 128
435	435	legal custody. The residence of one of the parents shall be 129
436	436	designated as the address of the child for mailing and 130
437	437	educational purposes; 131
438	438	(3) Joint legal custody with one party granted sole 132
439	439	physical custody; 133
440	440	(4) Sole custody to either parent; or 134
441	441	(5) Third-party custody or visitation: 135
442	442	(a) When the court finds that each parent is unfit, 136
443	443	unsuitable, or unable to be a custodian, or the welfare of 137
444	444	the child requires, and it is in the best interests of the 138
445	445	child, then custody, temporary custody or visitation may be 139
446	446	awarded to a person related by consanguinity or affinity to 140 SB 262 15
447	447	the child. If no person related to the child by 141
448	448	consanguinity or affinity is willing to accept custody, then 142
449	449	the court may award custody to any other person or persons 143
450	450	deemed by the court to be suitable and able to provide an 144
451	451	adequate and stable environment for the child. Before the 145
452	452	court awards custody, temporary custody or visitation to a 146
453	453	third person under this subdivision, the court shall [make 147
454	454	that person] notify the child's relatives, as identified in 148
455	455	subdivisions (1), (2), and (3) of s ubsection 3 of section 149
456	456	210.565, if their identities are known and their addresses 150
457	457	may reasonably be ascertained, and any persons with whom the 151
458	458	child has resided, within five years, as identified under 152
459	459	section 452.780, prior to the institution of the ac tion for 153
460	460	child custody, that they may intervene and seek third party 154
461	461	custody, temporary custody, or visitation. No person shall 155
462	462	be granted third party custody, temporary custody, or 156
463	463	visitation who has not first been made a party to the action; 157
464	464	(b) Under the provisions of this subsection, any 158
465	465	person may petition the court to intervene as a party in 159
466	466	interest at any time , and the court shall allow such 160
467	467	intervention as a matter of right, as provided by supreme 161
468	468	court rule; 162
469	469	(c) As provided under subsection 4 of section 210.565, 163
470	470	priority and preference in the award of third party custody 164
471	471	shall be given to an intervening party in the order of 165
472	472	preference set forth in subsection 3 of section 210.565; 166
473	473	(d) No order denying third party conta ct with a child 167
474	474	shall be entered by the court against a third party who has 168
475	475	not been made a party to the action unless the court finds 169
476	476	that such third party may not be found and joined as a party . 170
477	477	6. If the parties have not agreed to a custodial 171
478	478	arrangement, or the court determines such arrangement is not 172 SB 262 16
479	479	in the best interest of the child, the court shall include a 173
480	480	written finding in the judgment or order based on the public 174
481	481	policy in subsection 4 of this section and each of the 175
482	482	factors listed in subdivisions (1) to (8) of subsection 2 of 176
483	483	this section detailing the specific relevant factors that 177
484	484	made a particular arrangement in the best interest of the 178
485	485	child. If a proposed custodial arrangement is rejected by 179
486	486	the court, the court shall inc lude a written finding in the 180
487	487	judgment or order detailing the specific relevant factors 181
488	488	resulting in the rejection of such arrangement. 182
489	489	7. Upon a finding by the court that either parent has 183
490	490	refused to exchange information with the other parent, wh ich 184
491	491	shall include but not be limited to information concerning 185
492	492	the health, education and welfare of the child, the court 186
493	493	shall order the parent to comply immediately and to pay the 187
494	494	prevailing party a sum equal to the prevailing party's cost 188
495	495	associated with obtaining the requested information, which 189
496	496	shall include but not be limited to reasonable attorney's 190
497	497	fees and court costs. 191
498	498	8. As between the parents of a child, no preference 192
499	499	may be given to either parent in the awarding of custody 193
500	500	because of that parent's age, sex, or financial status, nor 194
501	501	because of the age or sex of the child. The court shall not 195
502	502	presume that a parent, solely because of his or her sex, is 196
503	503	more qualified than the other parent to act as a joint or 197
504	504	sole legal or physica l custodian for the child. 198
505	505	9. Any judgment providing for custody shall include a 199
506	506	specific written parenting plan setting forth the terms of 200
507	507	such parenting plan arrangements specified in subsection 8 201
508	508	of section 452.310. Such plan may be a parentin g plan 202
509	509	submitted by the parties pursuant to section 452.310 or, in 203
510	510	the absence thereof, a plan determined by the court, but in 204 SB 262 17
511	511	all cases, the custody plan approved and ordered by the 205
512	512	court shall be in the court's discretion and shall be in the 206
513	513	best interest of the child. 207
514	514	10. After August 28, 2016, every court order 208
515	515	establishing or modifying custody or visitation shall 209
516	516	include the following language: "In the event of 210
517	517	noncompliance with this order, the aggrieved party may file 211
518	518	a verified motion for contempt. If custody, visitation, or 212
519	519	third-party custody is denied or interfered with by a parent 213
520	520	or third party without good cause, the aggrieved person may 214
521	521	file a family access motion with the court stating the 215
522	522	specific facts that constitute a violation of the custody 216
523	523	provisions of the judgment of dissolution, legal separation, 217
524	524	or judgment of paternity. The circuit clerk will provide 218
525	525	the aggrieved party with an explanation of the procedures 219
526	526	for filing a family access motion and a simple fo rm for use 220
527	527	in filing the family access motion. A family access motion 221
528	528	does not require the assistance of legal counsel to prepare 222
529	529	and file.". 223
530	530	11. No court shall adopt any local rule, form, or 224
531	531	practice requiring a standardized or default parentin g plan 225
532	532	for interim, temporary, or permanent orders or judgments. 226
533	533	Notwithstanding any other provision of law to the contrary, 227
534	534	a court may enter an interim order in a proceeding under 228
535	535	this chapter, provided that the interim order shall not 229
536	536	contain any provisions about child custody or a parenting 230
537	537	schedule or plan without first providing the parties with 231
538	538	notice and a hearing, unless the parties otherwise agree. 232
539	539	12. Unless a parent has been denied custody rights 233
540	540	pursuant to this section or visita tion rights under section 234
541	541	452.400, both parents shall have access to records and 235
542	542	information pertaining to a minor child including, but not 236 SB 262 18
543	543	limited to, medical, dental, and school records. If the 237
544	544	parent without custody has been granted restricted or 238
545	545	supervised visitation because the court has found that the 239
546	546	parent with custody or any child has been the victim of 240
547	547	domestic violence, as defined in section 455.010, by the 241
548	548	parent without custody, the court may order that the reports 242
549	549	and records made available pursuant to this subsection not 243
550	550	include the address of the parent with custody or the 244
551	551	child. A court shall order that the reports and records 245
552	552	made available under this subsection not include the address 246
553	553	of the parent with custody if the parent with custody is a 247
554	554	participant in the address confidentiality program under 248
555	555	section 589.663. Unless a parent has been denied custody 249
556	556	rights pursuant to this section or visitation rights under 250
557	557	section 452.400, any judgment of dissolution or other 251
558	558	applicable court order shall specifically allow both parents 252
559	559	access to such records and reports. 253
560	560	13. Except as otherwise precluded by state or federal 254
561	561	law, if any individual, professional, public or private 255
562	562	institution or organization denies access or fails to 256
563	563	provide or disclose any and all records and information, 257
564	564	including, but not limited to, past and present dental, 258
565	565	medical and school records pertaining to a minor child, to 259
566	566	either parent upon the written request of such parent, the 260
567	567	court shall, upon its finding that the individual, 261
568	568	professional, public or private institution or organization 262
569	569	denied such request without good cause, order that party to 263
570	570	comply immediately with such request and to pay to the 264
571	571	prevailing party all costs incurred, including, but not 265
572	572	limited to, attorney's fees and court costs associated with 266
573	573	obtaining the requested information. 267 SB 262 19
574	574	14. An award of joint custody does not preclude an 268
575	575	award of child support pursuant to section 452.340 and 269
576	576	applicable supreme cour t rules. The court shall consider 270
577	577	the factors contained in section 452.340 and applicable 271
578	578	supreme court rules in determining an amount reasonable or 272
579	579	necessary for the support of the child. 273
580	580	15. If the court finds that domestic violence or abuse 274
581	581	as defined in section 455.010 has occurred, the court shall 275
582	582	make specific findings of fact to show that the custody or 276
583	583	visitation arrangement ordered by the court best protects 277
584	584	the child and the parent or other family or household member 278
585	585	who is the victim of domestic violence, as defined in 279
586	586	section 455.010, and any other children for whom such parent 280
587	587	has custodial or visitation rights from any further harm. 281
588	588	452.377. 1. For purposes of this section and section 1
589	589	452.375, "relocate" o r "relocation" means a change in the 2
590	590	principal residence of a child for a period of ninety days 3
591	591	or more, but does not include a temporary absence from the 4
592	592	principal residence, and shall include the permanent 5
593	593	transfer of custody of a child as provided i n section 6
594	594	453.110. 7
595	595	2. Notice of a proposed relocation of the residence of 8
596	596	the child, or any party entitled to custody or visitation of 9
597	597	the child, shall be given in writing by certified mail, 10
598	598	return receipt requested, to any party with custody or 11
599	599	visitation rights. Absent exigent circumstances as 12
600	600	determined by a court with jurisdiction, written notice 13
601	601	shall be provided at least sixty days in advance of the 14
602	602	proposed relocation. A copy of the notice and a certificate 15
603	603	of service shall be filed with the court. The notice of the 16
604	604	proposed relocation shall include the following information: 17 SB 262 20
605	605	(1) The intended new residence, including the specific 18
606	606	address and mailing address, if known, and if not known, the 19
607	607	city; 20
608	608	(2) The home telephone number of the new residence, if 21
609	609	known; 22
610	610	(3) The date of the intended move or proposed 23
611	611	relocation; 24
612	612	(4) A brief statement of the specific reasons for the 25
613	613	proposed relocation of a child, if applicable; 26
614	614	(5) A proposal for a revised schedule of custody or 27
615	615	visitation with the child, if applicable; and 28
616	616	(6) The other party's right, if that party is a 29
617	617	parent, to file a motion, pursuant to this section, seeking 30
618	618	an order to prevent the relocation and an accompanying 31
619	619	affidavit setting fort h the specific good-faith factual 32
620	620	basis for opposing the relocation within thirty days of 33
621	621	receipt of the notice. 34
622	622	3. (1) In cases involving a proposed permanent 35
623	623	transfer of custody of a child to a third party under 36
624	624	section 453.110, the legal cust odian shall give notice of 37
625	625	the proposed change in residence or location of the child to 38
626	626	any noncustodial parent whose last known address is on 39
627	627	record with the court. Such notice shall be in writing and 40
628	628	shall be provided at least sixty days in advance of the 41
629	629	proposed transfer, absent exigent circumstances as 42
630	630	determined by the court. The notice shall not include the 43
631	631	actual address to which the child will be relocated, but 44
632	632	shall include information on the noncustodial parent's 45
633	633	right, under section 4 53.110, to intervene and seek custody 46
634	634	of the child. A copy of the notice and certificate of 47
635	635	service shall be filed with the court. A noncustodial 48
636	636	parent shall provide written notice of a change in his or 49 SB 262 21
637	637	her address to the custodial parent and shall file such 50
638	638	notice with the court, along with a certificate of service. 51
639	639	(2) After August 28, 2025, every court order 52
640	640	establishing or modifying custody shall include the 53
641	641	addresses of the legal custodians and noncustodial parents 54
642	642	for notification purposes and shall advise the noncustodial 55
643	643	parent to file a notice of address change as described in 56
644	644	this subsection. If a party is a participant in the address 57
645	645	confidentiality program under section 589.663, such party 58
646	646	shall not be required to provide h is or her actual address 59
647	647	to the other parties, but shall submit such information 60
648	648	under seal to the court for in camera review. Prior to 61
649	649	disclosure of this information, a court shall comply with 62
650	650	the provisions of section 589.664. 63
651	651	4. If a party seeking to relocate a child is a 64
652	652	participant in the address confidentiality program under 65
653	653	section 589.663, such party shall not be required to provide 66
654	654	the information in subdivision (1) of subsection 2 of this 67
655	655	section, but may be required to submit such information 68
656	656	under seal to the court for in camera review. Prior to 69
657	657	disclosure of this information, a court shall comply with 70
658	658	the provisions of section 589.664. 71
659	659	[4.] 5. A party required to give notice of a proposed 72
660	660	relocation pursuant to subsecti on 2 of this section has a 73
661	661	continuing duty to provide a change in or addition to the 74
662	662	information required by this section as soon as such 75
663	663	information becomes known. 76
664	664	[5.] 6. In exceptional circumstances where the court 77
665	665	makes a finding that the hea lth or safety of any adult or 78
666	666	child would be unreasonably placed at risk by the disclosure 79
667	667	of the required identifying information concerning a 80
668	668	proposed relocation of the child, the court may order that: 81 SB 262 22
669	669	(1) The specific residence address and tele phone 82
670	670	number of the child, parent or person, and other identifying 83
671	671	information shall not be disclosed in the pleadings, notice, 84
672	672	other documents filed in the proceeding or the final order 85
673	673	except for an in camera disclosure; 86
674	674	(2) The notice requirements provided by this section 87
675	675	shall be waived to the extent necessary to protect the 88
676	676	health or safety of a child or any adult; or 89
677	677	(3) Any other remedial action the court considers 90
678	678	necessary to facilitate the legitimate needs of the parties 91
679	679	and the best interest of the child. 92
680	680	[6.] 7. The court shall consider a failure to provide 93
681	681	notice of a proposed relocation of a child as: 94
682	682	(1) A factor in determining whether custody and 95
683	683	visitation should be modified; 96
684	684	(2) A basis for ordering t he return of the child if 97
685	685	the relocation occurs without notice; and 98
686	686	(3) Sufficient cause to order the party seeking to 99
687	687	relocate the child to pay reasonable expenses and attorneys 100
688	688	fees incurred by the party objecting to the relocation. 101
689	689	[7.] 8. If the parties agree to a revised schedule of 102
690	690	custody and visitation for the child, which includes a 103
691	691	parenting plan, they may submit the terms of such agreement 104
692	692	to the court with a written affidavit signed by all parties 105
693	693	with custody or visitation as senting to the terms of the 106
694	694	agreement, and the court may order the revised parenting 107
695	695	plan and applicable visitation schedule without a hearing. 108
696	696	[8.] 9. The residence of the child may be relocated 109
697	697	sixty days after providing notice, as required by t his 110
698	698	section, unless a parent files a motion seeking an order to 111
699	699	prevent the relocation within thirty days after receipt of 112
700	700	such notice. Such motion shall be accompanied by an 113 SB 262 23
701	701	affidavit setting forth the specific good -faith factual 114
702	702	basis supporting a prohibition of the relocation. The 115
703	703	person seeking relocation shall file a response to the 116
704	704	motion within fourteen days, unless extended by the court 117
705	705	for good cause, and include a counter -affidavit setting 118
706	706	forth the facts in support of the relocation as well as a 119
707	707	proposed revised parenting plan for the child. 120
708	708	[9.] 10. If relocation of the child is proposed, a 121
709	709	third party entitled by court order to legal custody of or 122
710	710	visitation with a child and who is not a parent may file a 123
711	711	cause of action to obtain a revised schedule of legal 124
712	712	custody or visitation, but shall not prevent a relocation , 125
713	713	except as otherwise provided under this section and section 126
714	714	453.110. 127
715	715	[10.] 11. The party seeking to relocate shall have the 128
716	716	burden of proving that the proposed relocation is made in 129
717	717	good faith and is in the best interest of the child. 130
718	718	[11.] 12. If relocation is permitted: 131
719	719	(1) The court shall order contact with the 132
720	720	nonrelocating party including custody or visitation and 133
721	721	telephone access suff icient to assure that the child has 134
722	722	frequent, continuing and meaningful contact with the 135
723	723	nonrelocating party unless the child's best interest 136
724	724	warrants otherwise; and 137
725	725	(2) The court shall specify how the transportation 138
726	726	costs will be allocated betwe en the parties and adjust the 139
727	727	child support, as appropriate, considering the costs of 140
728	728	transportation. 141
729	729	[12.] 13. After August 28, 1998, every court order 142
730	730	establishing or modifying custody or visitation shall 143
731	731	include the following language: 144 SB 262 24
732	732	145
733	733	146
734	734	147
735	735	148
736	736	149
737	737	150
738	738	151
739	739	152
740	740	"Absent exigent circumstances as determined by a
741	741	court with jurisdiction, you, as a party to this
742	742	action, are ordered to notify, in writing by
743	743	certified mail, return receipt requested, and at
744	744	least sixty days prior to the proposed relocation,
745	745	each party to this action of any proposed
746	746	relocation of the principal residence of the
747	747	child, including the following information:
748	748
749	749	153
750	750	154
751	751	155
752	752	(1) The intended new residence, including the
753	753	specific address and mailing address, if
754	754	known, and if not known, the city;
755	755
756	756	156
757	757	157
758	758	(2) The home telephone number of the new
759	759	residence, if known;
760	760
761	761	158
762	762	159
763	763	(3) The date of the intended move or proposed
764	764	relocation;
765	765
766	766	160
767	767	161
768	768	(4) A brief statement of the specific reasons for
769	769	the proposed relocation of the child;
770	770
771	771	162
772	772	163
773	773	(5) A proposal for a revised schedule of custody
774	774	or visitation with the child; and
775	775
776	776	164
777	777	165
778	778	166
779	779	167
780	780	168
781	781	169
782	782	170
783	783	(6) The other party's right, if that party is a
784	784	parent, to file a motion, pursuant to Section
785	785	452.377, RSMo, seeking an order to prevent the
786	786	relocation and an accompanying affidavit
787	787	setting forth the specific good -faith factual
788	788	basis for opposing the relocation within
789	789	thirty days of receipt of the notice.
790	790
791	791	171
792	792	172
793	793	173
794	794	174
795	795	175
796	796	176
797	797	177
798	798	178
799	799	179
800	800	180
801	801	181
802	802	182
803	803	183
804	804	Your obligation to provide this information to
805	805	each party continues as long as you or any other
806	806	party by virtue of this order is entitled to
807	807	custody of a child covered by this order. Your
808	808	failure to obey the order of this court regarding
809	809	the proposed relocation may result in further
810	810	litigation to enforce such order, including
811	811	contempt of court. In addition, your failure to
812	812	notify a party of a relocation of the child may be
813	813	considered in a proceeding to modify custody or
814	814	visitation with the child. Reasonable costs and
815	815	attorney fees may be assessed against you if you
816	816	fail to give the required notice.".
817	817	SB 262 25
818	818	[13.] 14. A participant in the address confidentiality 184
819	819	program under section 589.663 shall not be required to 185
820	820	provide a requesting party with the specific physical or 186
821	821	mailing address of the child's proposed relocation 187
822	822	destination, but in the event of an objection by a 188
823	823	requesting party, a participant may be required to submit 189
824	824	such information under seal to the court for in camera 190
825	825	review. Prior to disclosure of this information, a court 191
826	826	shall comply with the provisions of section 589.664. 192
827	827	[14.] 15. Violation of the provisions of this section 193
828	828	or a court order under this section may be deemed a change 194
829	829	of circumstance under s ection 452.410, allowing the court to 195
830	830	modify the prior custody decree. In addition, the court may 196
831	831	utilize any and all powers relating to contempt conferred on 197
832	832	it by law or rule of the Missouri supreme court. 198
833	833	[15.] 16. Any party who objects in goo d faith to the 199
834	834	relocation of a child's principal residence shall not be 200
835	835	ordered to pay the costs and attorney's fees of the party 201
836	836	seeking to relocate. 202
837	837	452.780. 1. Subject to local law providing for the 1
838	838	confidentiality of procedur es, addresses, and other 2
839	839	identifying information, in a child custody proceeding each 3
840	840	party, in its first pleading or in an attached affidavit, 4
841	841	shall give information, if reasonably ascertainable, under 5
842	842	oath as to the child's present address, the places where the 6
843	843	child has lived during the last five years, and the names 7
844	844	and present addresses of the persons with whom the child has 8
845	845	lived during such period. The pleading or affidavit shall 9
846	846	state whether the party: 10
847	847	(1) Has participated, as a party or witness or in any 11
848	848	other capacity, in any other proceeding concerning the 12
849	849	custody of or visitation with the child and, if so, identify 13 SB 262 26
850	850	the court, case number of the proceeding and date of the 14
851	851	child custody determination, if any; 15
852	852	(2) Knows of any proceeding that could affect the 16
853	853	current proceeding, including proceedings for enforcement 17
854	854	and proceedings relating to domestic violence, protective 18
855	855	orders, termination of parental rights, and adoptions and, 19
856	856	if so, identify the court and case number and nature of the 20
857	857	proceeding; and 21
858	858	(3) Knows the names and addresses of any person not a 22
859	859	party to the proceeding who has physical custody of the 23
860	860	child or claims rights of legal custody or physical custody 24
861	861	of, or visitation with, the child and, if so, the names and 25
862	862	addresses of such persons. 26
863	863	2. If the information required by subsection 1 of this 27
864	864	section is not furnished, the court, upon its own motion or 28
865	865	that of a party, may stay the proceeding until the 29
866	866	information is furnished. 30
867	867	3. If the declaration as to any of the items described 31
868	868	in subdivisions (1) to (3) of subsection 1 of this section 32
869	869	is in the affirmative, the declarant shall give additional 33
870	870	information under oath as required by the court. The court 34
871	871	may examine the parti es under oath as to details of the 35
872	872	information furnished and other matters pertinent to the 36
873	873	court's jurisdiction and the disposition of the case. 37
874	874	4. Each party has a continuing duty to inform the 38
875	875	court of any proceeding in this or any other state that 39
876	876	could affect the current proceeding. 40
877	877	5. If a party alleges in an affidavit or a pleading 41
878	878	under oath that the health, safety, or liberty of a party or 42
879	879	child would be put at risk by the disclosure of identifying 43
880	880	information, that information s hall be sealed and not 44
881	881	disclosed to the other party or the public unless the court 45 SB 262 27
882	882	orders the disclosure to be made after a hearing in which 46
883	883	the court takes into consideration the health, safety, or 47
884	884	liberty of the party or child and determines that the 48
885	885	disclosure is in the interest of justice. 49
886	886	6. Any person who knowingly, purposefully, or 50
887	887	intentionally fails to give accurate, full, and complete 51
888	888	information as required under this section is guilty of a 52
889	889	class A misdemeanor; and, upon discovery o f said violation, 53
890	890	any public employee, officer, or agent having knowledge of 54
891	891	such violation shall transmit notice of the violation to the 55
892	892	prosecuting or circuit attorney of the county or city in 56
893	893	which the child resided at the time of transfer. 57
894	894	453.110. 1. No person, agency, organization or 1
895	895	institution shall surrender custody of a minor child, or 2
896	896	transfer the custody of such a child to another, and no 3
897	897	person, agency, organization or institution shall take 4
898	898	possession or charge of a minor child so transferred, 5
899	899	without first having filed a petition before the circuit 6
900	900	court sitting as a juvenile court of the county where the 7
901	901	child may be, praying that such surrender or transfer may be 8
902	902	made, and having obtained such an ord er from such court 9
903	903	approving or ordering transfer of custody. 10
904	904	2. If any such surrender or transfer is made without 11
905	905	first obtaining such an order, such court shall, on petition 12
906	906	of any public official or interested person, agency, 13
907	907	organization or institution, order an investigation and 14
908	908	report as described in section 453.070 to be completed by 15
909	909	the children's division and shall make such order as to the 16
910	910	custody of such child in the best interest of such child. 17
911	911	3. A noncustodial parent or thir d party interested in 18
912	912	securing custody of the child shall be granted the right to 19
913	913	intervene and to seek custody of the child, as provided 20 SB 262 28
914	914	under section 453.375; provided, however, if the child is 21
915	915	the subject of a prior custody or guardianship order, 22
916	916	subject to modification, the court shall transfer the matter 23
917	917	to the court having jurisdiction over the custody of the 24
918	918	child. 25
919	919	4. Any person who violates the terms of this section 26
920	920	is guilty of a class E felony ; and, upon discovery of such 27
921	921	violation, any public employee, officer, or agent having 28
922	922	knowledge of such violation shall transmit notice of the 29
923	923	violation to the prosecuting or circuit attorney of the 30
924	924	county or city in which the child resided at the time of 31
925	925	transfer. 32
926	926	[4.] 5. The investigation required by subsection 2 of 33
927	927	this section shall be initiated by the children's division 34
928	928	within forty-eight hours of the filing of the court order 35
929	929	requesting the investigation and report and shall be 36
930	930	completed within thirty days. The court shall order the 37
931	931	person having custody in violation of the provisions of this 38
932	932	section to pay the costs of the investigation and report. 39
933	933	[5.] 6. This section shall not be construed to 40
934	934	prohibit any parent, agency, organization or institution 41
935	935	from placing a child with another individual for care if the 42
936	936	right to supervise the care of the child and to resume 43
937	937	custody thereof is retained, or from placing a child with a 44
938	938	licensed foster home within the state through a child - 45
939	939	placing agency licensed by this sta te as part of a 46
940	940	preadoption placement. 47
941	941	[6.] 7. After the filing of a petition for the 48
942	942	transfer of custody for the purpose of adoption, the court 49
943	943	may enter an order of transfer of custody if the court finds 50
944	944	all of the following: 51 SB 262 29
945	945	(1) A family assessment has been made as required in 52
946	946	section 453.070 and has been reviewed by the court; 53
947	947	(2) A recommendation has been made by the guardian ad 54
948	948	litem; 55
949	949	(3) A petition for transfer of custody for adoption 56
950	950	has been properly filed or an order terminating parental 57
951	951	rights has been properly filed; 58
952	952	(4) The financial affidavit has been filed as required 59
953	953	under section 453.075; 60
954	954	(5) The written report regarding the child who is the 61
955	955	subject of the petition containing the information has been 62
956	956	submitted as required by section 453.026; 63
957	957	(6) Compliance with the Indian Child Welfare Act, if 64
958	958	applicable; and 65
959	959	(7) Compliance with the Interstate Compact on the 66
960	960	Placement of Children pursuant to section 210.620. 67
961	961	[7.] 8. A hearing on the transfer of custody for the 68
962	962	purpose of adoption is not required if: 69
963	963	(1) The conditions set forth in subsection [6] 7 of 70
964	964	this section are met; 71
965	965	(2) The parties agree and the court grants leave; and 72
966	966	(3) Parental rights have been ter minated pursuant to 73
967	967	section 211.444 or 211.447. 74
968	968	475.060. 1. Any person may file a petition for the 1
969	969	appointment of himself or herself or some other qualified 2
970	970	person as guardian of a minor who is not currently subject 3
971	971	to a prior custody order in a court of competent 4
972	972	jurisdiction. Such petition shall include the information 5
973	973	required under section 452.780 and shall state: 6
974	974	(1) The name, age, domicile, actual place of residence 7
975	975	and post office address of the minor if known and i f any of 8 SB 262 30
976	976	these facts is unknown, the efforts made to ascertain that 9
977	977	fact; 10
978	978	(2) The estimated value of the minor's real and 11
979	979	personal property, and the location and value of any real 12
980	980	property owned by the minor outside of this state; 13
981	981	(3) If the minor has no domicile or place of residence 14
982	982	in this state, the county in which the property or major 15
983	983	part thereof of the minor is located; 16
984	984	(4) The name and address of the parents of the minor 17
985	985	and whether they are living or dead; 18
986	986	(5) The name and address of the spouse, and the names, 19
987	987	ages and addresses of all living children of the minor; 20
988	988	(6) The name and address of the person having custody 21
989	989	of the person of the minor or who claims to have custody of 22
990	990	the person of the minor; 23
991	991	(7) The name and address of any guardian of the person 24
992	992	or conservator of the estate of the minor appointed in this 25
993	993	or any other state; 26
994	994	(8) If appointment is sought for a natural person, 27
995	995	other than the public administrator, the names and addresses 28
996	996	of wards and disabled persons for whom such person is 29
997	997	already guardian or conservator; 30
998	998	(9) The name and address of the trustees and the 31
999	999	purpose of any trust of which the minor is a qualified 32
1000	1000	beneficiary; 33
1001	1001	(10) The reasons why the appointment of a guardian is 34
1002	1002	sought; 35
1003	1003	(11) A petition for the appointment of a guardian of a 36
1004	1004	minor may be filed for the sole and specific purpose of 37
1005	1005	school registration or medical insurance coverage. Such a 38
1006	1006	petition shall clearly set out this limited request and 39
1007	1007	shall not be combined with a petition for conservatorship; 40 SB 262 31
1008	1008	(12) If the petitioner requests the appointment of co - 41
1009	1009	guardians, a statement of the reasons why such appointment 42
1010	1010	is sought and whether the petitioner requests that the co - 43
1011	1011	guardians, if appointed, may act independently or whether 44
1012	1012	they may act only together or only together with regard to 45
1013	1013	specified matters; 46
1014	1014	(13) That written consent has been obtained from any 47
1015	1015	person, including a public administrator, who is to be 48
1016	1016	appointed as a co-guardian; and 49
1017	1017	(14) Whether the petitioner knows of any other court 50
1018	1018	having jurisdiction over the minor and the name of the 51
1019	1019	court, if known. 52
1020	1020	2. Any person may file a petition for the appointment 53
1021	1021	of himself or herself or some other qualifi ed person as 54
1022	1022	guardian or limited guardian of an incapacitated person. 55
1023	1023	Such petition shall state: 56
1024	1024	(1) If known, the name, age, domicile, actual place of 57
1025	1025	residence, and post office address of the alleged 58
1026	1026	incapacitated person, and for the period of three years 59
1027	1027	before the filing of the petition, the most recent 60
1028	1028	addresses, up to three, at which the alleged incapacitated 61
1029	1029	person lived prior to the most recent address, and if any of 62
1030	1030	these facts is unknown, the efforts made to ascertain that 63
1031	1031	fact. In the case of a petition filed by a public official 64
1032	1032	in his or her official capacity, the information required by 65
1033	1033	this subdivision need only be supplied to the extent it is 66
1034	1034	reasonably available to the petitioner; 67
1035	1035	(2) The estimated value of the alle ged incapacitated 68
1036	1036	person's real and personal property, and the location and 69
1037	1037	value of any real property owned by the alleged 70
1038	1038	incapacitated person outside of this state; 71 SB 262 32
1039	1039	(3) If the alleged incapacitated person has no 72
1040	1040	domicile or place of residence in this state, the county in 73
1041	1041	which the property or major part thereof of the alleged 74
1042	1042	incapacitated person is located; 75
1043	1043	(4) The name and address of the parents of the alleged 76
1044	1044	incapacitated person and whether they are living or dead; 77
1045	1045	(5) The name and address of the spouse, the names, 78
1046	1046	ages, and addresses of all living children of the alleged 79
1047	1047	incapacitated person, the names and addresses of the alleged 80
1048	1048	incapacitated person's closest known relatives, and the 81
1049	1049	names and relationship, if known, of any adults living with 82
1050	1050	the alleged incapacitated person; if no spouse, adult child, 83
1051	1051	or parent is listed, the names and addresses of the siblings 84
1052	1052	and children of deceased siblings of the alleged 85
1053	1053	incapacitated person; the name and address of any agent 86
1054	1054	appointed by the alleged incapacitated person in any durable 87
1055	1055	power of attorney, and of the presently acting trustees of 88
1056	1056	any trust of which the alleged incapacitated person is the 89
1057	1057	grantor or is a qualified beneficiary or is or was the 90
1058	1058	trustee or cotrustee and the purpose of the power of 91
1059	1059	attorney or trust; 92
1060	1060	(6) The name and address of the person having custody 93
1061	1061	of the person of the alleged incapacitated person; 94
1062	1062	(7) The name and address of any guardian of the person 95
1063	1063	or conservator of the estat e of the alleged incapacitated 96
1064	1064	person appointed in this or any other state; 97
1065	1065	(8) If appointment is sought for a natural person, 98
1066	1066	other than the public administrator, the names and addresses 99
1067	1067	of wards and protectees for whom such person is already 100
1068	1068	guardian or conservator; 101
1069	1069	(9) The factual basis for the petitioner's conclusion 102
1070	1070	that the person for whom guardianship is sought is unable or 103 SB 262 33
1071	1071	partially unable by reason of some specified physical, 104
1072	1072	mental, or cognitive condition to receive and evaluate 105
1073	1073	information or to communicate decisions to such an extent 106
1074	1074	that the person lacks capacity to meet essential 107
1075	1075	requirements for food, clothing, shelter, safety, or other 108
1076	1076	care such that serious physical injury, illness, or disease 109
1077	1077	is likely to occur; 110
1078	1078	(10) The reasons, incidents, and specific behaviors 111
1079	1079	demonstrating why the appointment of a guardian or limited 112
1080	1080	guardian is sought; 113
1081	1081	(11) If the petitioner suggests the appointment of co - 114
1082	1082	guardians, a statement of the reasons why such appointment 115
1083	1083	is sought and whether the petitioner suggests that the co - 116
1084	1084	guardians, if appointed, may act independently or whether 117
1085	1085	they may act only together or only together with regard to 118
1086	1086	specified matters; and 119
1087	1087	(12) Written consent has been obtained from any 120
1088	1088	person, including a public administrator, who is to be 121
1089	1089	appointed as a co-guardian. 122
1090	1090	3. If the person filing the petition seeks the 123
1091	1091	appointment of an emergency guardian, the petition shall 124
1092	1092	include the same requirements as provided in subsection 1 of 125
1093	1093	this section and shall request the appointment per the 126
1094	1094	requirements provided in subsection 15 of section 475.075. 127
1095	1095	4. Notice of the application for guardianship shall be 128
1096	1096	given to the persons identified under section 452.780, each 129
1097	1097	of whom shall have the right to intervene and to seek 130
1098	1098	guardianship as provided herein. Failure to give notice to 131
1099	1099	such persons identified under section 452.780 shall be 132
1100	1100	grounds to set aside the appointment of the guardian. 133
1101	1101	5. As provided under subsection 4 of sec tion 210.565, 134
1102	1102	priority and preference in the award of guardianship to a 135 SB 262 34
1103	1103	third party other than a parent of a child shall be given to 136
1104	1104	a party in the order of preference set forth in subsection 3 137
1105	1105	of section 210.565. 138
1106	1106	