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Missouri Senate Bill SB805

Missouri 2025 Regular Session

Missouri Senate Bill SB805 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 805
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR NURRENBERN.
88 3164S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 452.375, RSMo, and to enact in lieu thereof one new section relating to child
1111 custody.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 452.375, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 452.375, 2
1616 to read as follows:3
1717 452.375. 1. As used in this chapter, unless the 1
1818 context clearly indicates otherwise: 2
1919 (1) "Custody" means joint legal custody, sole legal 3
2020 custody, joint physical custody or sole physical custody or 4
2121 any combination thereof; 5
2222 (2) "Joint legal custody" means that the parents share 6
2323 the decision-making rights, responsibilities, and authority 7
2424 relating to the health, education and welfare of the child, 8
2525 and, unless allocated, apportioned, or decreed, the parents 9
2626 shall confer with one another in the exercise of decision - 10
2727 making rights, responsibilities, and authority; 11
2828 (3) "Joint physical custody" means an order awarding 12
2929 each of the parents significant, but not necessarily equal, 13
3030 periods of time during which a child resides with or is 14
3131 under the care and supervision of ea ch of the parents. 15
3232 Joint physical custody shall be shared by the parents in 16
3333 such a way as to assure the child of frequent, continuing 17
3434 and meaningful contact with both parents; 18 SB 805 2
3535 (4) "Third-party custody" means a third party 19
3636 designated as a legal a nd physical custodian pursuant to 20
3737 subdivision (5) of subsection 5 of this section. 21
3838 2. The court shall determine custody in accordance 22
3939 with the best interests of the child. There shall be a 23
4040 rebuttable presumption that an award of equal or 24
4141 approximately equal parenting time to each parent is in the 25
4242 best interests of the child. Such presumption is rebuttable 26
4343 only by a preponderance of the evidence in accordance with 27
4444 all relevant factors, including, but not limited to, the 28
4545 factors contained in s ubdivisions (1) to [(8)] (9) of this 29
4646 subsection. The presumption may be rebutted if the court 30
4747 finds that the parents have reached an agreement on all 31
4848 issues related to custody, or if the court finds that a 32
4949 pattern of domestic violence has occurred as set out in 33
5050 subdivision [(6)] (7) of this subsection. When the parties 34
5151 have not reached an agreement on all issues related to 35
5252 custody, the court shall consider all relevant factors and 36
5353 enter written findings of fact and conclusions of law, 37
5454 including, but not limited to, the following: 38
5555 (1) The wishes of the child's parents as to custody 39
5656 and the proposed parenting plan submitted by both parties; 40
5757 (2) The needs of the child for a frequent, continuing 41
5858 and meaningful relationship with both pare nts and the 42
5959 ability and willingness of parents to actively perform their 43
6060 functions as mother and father for the needs of the child; 44
6161 (3) The interaction and interrelationship of the child 45
6262 with parents, siblings, and any other person who may 46
6363 significantly affect the child's best interests; 47
6464 (4) Which parent is more likely to allow the child 48
6565 frequent, continuing and meaningful contact with the other 49
6666 parent and the willingness and ability of parents to 50 SB 805 3
6767 cooperate in the rearing of their child, to maximize sharing 51
6868 information and minimize exposure of the child to parental 52
6969 conflict, and to utilize methods for resolving disputes 53
7070 regarding any major decision concerning the life of the 54
7171 child; 55
7272 (5) The child's adjustment to the child's home, 56
7373 school, and community and the child's physical, emotional, 57
7474 educational, and other needs . The fact that a parent sends 58
7575 his or her child or children to a home school or FPE school 59
7676 shall not be the sole factor that a court considers in 60
7777 determining custody of such child or children; 61
7878 (6) The mental and physical health of all individuals 62
7979 involved, including the mental health or substance abuse 63
8080 history experienced by either parent; 64
8181 (7) Any history of abuse of any individuals involved , 65
8282 including domestic and child abuse. In determining whether 66
8383 the presumption is rebutted by a pattern of domestic 67
8484 violence, the court shall consider the nature and context of 68
8585 the domestic violence and the implications of the domestic 69
8686 violence for parenting an d for the child's safety, well - 70
8787 being, and developmental needs . If the court finds that a 71
8888 pattern of domestic violence as defined in section 455.010 72
8989 has occurred, and, if the court also finds that awarding 73
9090 custody to the abusive parent is in the best interest of the 74
9191 child, then the court shall enter written findings of fact 75
9292 and conclusions of law. Custody and visitation rights shall 76
9393 be ordered in a manner that best protects the child and any 77
9494 other child or children for whom the parent has custodia l or 78
9595 visitation rights, and the parent or other family or 79
9696 household member who is the victim of domestic violence from 80
9797 any further harm, whether physical, verbal, emotional, or 81
9898 psychological; 82 SB 805 4
9999 [(7) The intention of either parent to relocate the 83
100100 principal residence of the child; and ] 84
101101 (8) [The unobstructed input of a child, free of 85
102102 coercion and manipulation, as to the child's custodial 86
103103 arrangement] The distance between the residences of the 87
104104 parents seeking custody, including consideration o f any 88
105105 relocation which has occurred or an intent to relocate; and 89
106106 (9) The reasonable input of the child as to the 90
107107 child's custodian, if the court deems the child to be of 91
108108 sufficient ability, age, and maturity to express an 92
109109 independent, reliable p reference and that such input is in 93
110110 the best interests of the child and will not be emotionally 94
111111 damaging, with due consideration of the influence that a 95
112112 parent may have on the child's input . 96
113113 3. (1) In any court proceedings relating to custody 97
114114 of a child, the court shall not award custody or 98
115115 unsupervised visitation of a child to a parent if such 99
116116 parent or any person residing with such parent has been 100
117117 found guilty of, or pled guilty to, any of the following 101
118118 offenses when a child was the victim: 102
119119 (a) A felony violation of section 566.030, 566.031, 103
120120 566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 104
121121 566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 105
122122 566.203, 566.206, 566.209, 566.211, or 566.215; 106
123123 (b) A violation of section 568.0 20; 107
124124 (c) A violation of subdivision (2) of subsection 1 of 108
125125 section 568.060; 109
126126 (d) A violation of section 568.065; 110
127127 (e) A violation of section 573.200; 111
128128 (f) A violation of section 573.205; or 112
129129 (g) A violation of section 568.175. 113 SB 805 5
130130 (2) For all other violations of offenses in chapters 114
131131 566 and 568 not specifically listed in subdivision (1) of 115
132132 this subsection or for a violation of an offense committed 116
133133 in another state when a child is the victim that would be a 117
134134 violation of chapter 566 or 568 if committed in Missouri, 118
135135 the court may exercise its discretion in awarding custody or 119
136136 visitation of a child to a parent if such parent or any 120
137137 person residing with such parent has been found guilty of, 121
138138 or pled guilty to, any such offense. 122
139139 4. The general assembly finds and declares that it is 123
140140 the public policy of this state that frequent, continuing 124
141141 and meaningful contact with both parents after the parents 125
142142 have separated or dissolved their marriage is in the best 126
143143 interest of the child, except for cases where the court 127
144144 specifically finds that such contact is not in the best 128
145145 interest of the child, and that it is the public policy of 129
146146 this state to encourage parents to participate in decisions 130
147147 affecting the health, education and we lfare of their 131
148148 children, and to resolve disputes involving their children 132
149149 amicably through alternative dispute resolution. In order 133
150150 to effectuate these policies, the general assembly 134
151151 encourages the court to enter a temporary parenting plan as 135
152152 early as practicable in a proceeding under this chapter, 136
153153 consistent with the provisions of subsection 2 of this 137
154154 section, and, in so doing, the court shall determine the 138
155155 custody arrangement which will best assure both parents 139
156156 participate in such decisions and have frequent, continuing 140
157157 and meaningful contact with their children so long as it is 141
158158 in the best interests of the child. 142
159159 5. Prior to awarding the appropriate custody 143
160160 arrangement in the best interest of the child, the court 144
161161 shall consider each of the following as follows: 145 SB 805 6
162162 (1) Joint physical and joint legal custody to both 146
163163 parents, which shall not be denied solely for the reason 147
164164 that one parent opposes a joint physical and joint legal 148
165165 custody award. The residence of one of the parents sha ll be 149
166166 designated as the address of the child for mailing and 150
167167 educational purposes; 151
168168 (2) Joint physical custody with one party granted sole 152
169169 legal custody. The residence of one of the parents shall be 153
170170 designated as the address of the child for mail ing and 154
171171 educational purposes; 155
172172 (3) Joint legal custody with one party granted sole 156
173173 physical custody; 157
174174 (4) Sole custody to either parent; or 158
175175 (5) Third-party custody or visitation: 159
176176 (a) When the court finds that each parent is unfit, 160
177177 unsuitable, or unable to be a custodian, or the welfare of 161
178178 the child requires, and it is in the best interests of the 162
179179 child, then custody, temporary custody or visitation may be 163
180180 awarded to a person related by consanguinity or affinity to 164
181181 the child. If no person related to the child by 165
182182 consanguinity or affinity is willing to accept custody, then 166
183183 the court may award custody to any other person or persons 167
184184 deemed by the court to be suitable and able to provide an 168
185185 adequate and stable environment for the child. Before the 169
186186 court awards custody, temporary custody or visitation to a 170
187187 third person under this subdivision, the court shall make 171
188188 that person a party to the action; 172
189189 (b) Under the provisions of this subsection, any 173
190190 person may petition the c ourt to intervene as a party in 174
191191 interest at any time as provided by supreme court rule. 175
192192 6. If the parties have not agreed to a custodial 176
193193 arrangement, or the court determines such arrangement is not 177 SB 805 7
194194 in the best interest of the child, the court shal l include a 178
195195 written finding in the judgment or order based on the public 179
196196 policy in subsection 4 of this section and each of the 180
197197 factors listed in subdivisions (1) to [(8)] (9) of 181
198198 subsection 2 of this section detailing the specific relevant 182
199199 factors that made a particular arrangement in the best 183
200200 interest of the child. If a proposed custodial arrangement 184
201201 is rejected by the court, the court shall include a written 185
202202 finding in the judgment or order detailing the specific 186
203203 relevant factors resulting in th e rejection of such 187
204204 arrangement. 188
205205 7. Upon a finding by the court that either parent has 189
206206 refused to exchange information with the other parent, which 190
207207 shall include but not be limited to information concerning 191
208208 the health, education and welfare of th e child, the court 192
209209 shall order the parent to comply immediately and to pay the 193
210210 prevailing party a sum equal to the prevailing party's cost 194
211211 associated with obtaining the requested information, which 195
212212 shall include but not be limited to reasonable attorne y's 196
213213 fees and court costs. 197
214214 8. As between the parents of a child, no preference 198
215215 may be given to either parent in the awarding of custody 199
216216 because of that parent's age, sex, or financial status, nor 200
217217 because of the age or sex of the child. The court shall not 201
218218 presume that a parent, solely because of his or her sex, is 202
219219 more qualified than the other parent to act as a joint or 203
220220 sole legal or physical custodian for the child. 204
221221 9. Any judgment providing for custody shall include a 205
222222 specific written parenting plan setting forth the terms of 206
223223 such parenting plan arrangements specified in subsection 8 207
224224 of section 452.310. Such plan may be a parenting plan 208
225225 submitted by the parties pursuant to section 452.310 or, in 209 SB 805 8
226226 the absence thereof, a plan determi ned by the court, but in 210
227227 all cases, the custody plan approved and ordered by the 211
228228 court shall be in the court's discretion and shall be in the 212
229229 best interest of the child. 213
230230 10. After August 28, 2016, every court order 214
231231 establishing or modifying custo dy or visitation shall 215
232232 include the following language: "In the event of 216
233233 noncompliance with this order, the aggrieved party may file 217
234234 a verified motion for contempt. If custody, visitation, or 218
235235 third-party custody is denied or interfered with by a paren t 219
236236 or third party without good cause, the aggrieved person may 220
237237 file a family access motion with the court stating the 221
238238 specific facts that constitute a violation of the custody 222
239239 provisions of the judgment of dissolution, legal separation, 223
240240 or judgment of paternity. The circuit clerk will provide 224
241241 the aggrieved party with an explanation of the procedures 225
242242 for filing a family access motion and a simple form for use 226
243243 in filing the family access motion. A family access motion 227
244244 does not require the assistance of legal counsel to prepare 228
245245 and file.". 229
246246 11. No court shall adopt any local rule, form, or 230
247247 practice requiring a standardized or default parenting plan 231
248248 for interim, temporary, or permanent orders or judgments. 232
249249 Notwithstanding any other provision of law to the contrary, 233
250250 a court may enter an interim order in a proceeding under 234
251251 this chapter, provided that the interim order shall not 235
252252 contain any provisions about child custody or a parenting 236
253253 schedule or plan without first providing the parties with 237
254254 notice and a hearing, unless the parties otherwise agree. 238
255255 12. Unless a parent has been denied custody rights 239
256256 pursuant to this section or visitation rights under section 240
257257 452.400, both parents shall have access to records and 241 SB 805 9
258258 information pertainin g to a minor child including, but not 242
259259 limited to, medical, dental, and school records. If the 243
260260 parent without custody has been granted restricted or 244
261261 supervised visitation because the court has found that the 245
262262 parent with custody or any child has been th e victim of 246
263263 domestic violence, as defined in section 455.010, by the 247
264264 parent without custody, the court may order that the reports 248
265265 and records made available pursuant to this subsection not 249
266266 include the address of the parent with custody or the 250
267267 child. A court shall order that the reports and records 251
268268 made available under this subsection not include the address 252
269269 of the parent with custody if the parent with custody is a 253
270270 participant in the address confidentiality program under 254
271271 section 589.663. Unless a parent has been denied custody 255
272272 rights pursuant to this section or visitation rights under 256
273273 section 452.400, any judgment of dissolution or other 257
274274 applicable court order shall specifically allow both parents 258
275275 access to such records and reports. 259
276276 13. Except as otherwise precluded by state or federal 260
277277 law, if any individual, professional, public or private 261
278278 institution or organization denies access or fails to 262
279279 provide or disclose any and all records and information, 263
280280 including, but not limited to, past and present dental, 264
281281 medical and school records pertaining to a minor child, to 265
282282 either parent upon the written request of such parent, the 266
283283 court shall, upon its finding that the individual, 267
284284 professional, public or private institution or organization 268
285285 denied such request without good cause, order that party to 269
286286 comply immediately with such request and to pay to the 270
287287 prevailing party all costs incurred, including, but not 271
288288 limited to, attorney's fees and court costs associated with 272
289289 obtaining the requeste d information. 273 SB 805 10
290290 14. An award of joint custody does not preclude an 274
291291 award of child support pursuant to section 452.340 and 275
292292 applicable supreme court rules. The court shall consider 276
293293 the factors contained in section 452.340 and applicable 277
294294 supreme court rules in determining an amount reasonable or 278
295295 necessary for the support of the child. 279
296296 15. If the court finds that domestic violence or abuse 280
297297 as defined in section 455.010 has occurred, the court shall 281
298298 make specific findings of fact to show that the custody or 282
299299 visitation arrangement ordered by the court best protects 283
300300 the child and the parent or other family or household member 284
301301 who is the victim of domestic violence, as defined in 285
302302 section 455.010, and any other children for whom such parent 286
303303 has custodial or visitation rights from any further harm. 287
304304