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--- version:6671S.01I - Introduced
+++ version:Senate Committee Substitute - Committee Version
@@ -1,82 +1,455 @@
-SECOND REGULAR SESSION
+6671S.02C
+ 1
+SENATE COMMITTEE SUBSTITUTE
+FOR
 SENATE BILL NO. 1531
-103RD GENERAL ASSEMBLY
-INTRODUCED BY SENATOR SCHROER.
-6671S.01I KRISTINA MARTIN, Secretary
 AN ACT
-To repeal section 452.410, RSMo, and to enact in lieu thereof two new sections relating to child
-custody.
+To repeal sections 452.375, 452.410, and 452.423,
+RSMo, and to enact in lieu thereof four new sections
+relating to child custody.
+
 Be it enacted by the General Assembly of the State of Missouri, as follows:
-     Section A.  Section 452.410, RSMo, is repealed and two new 1
-sections enacted in lieu thereof, to be known as sections 2
-452.381 and 452.410, to read as follows:3
-     452.381.  1.  During the pendency of an action seeking  1
-a modification of any judgment pertaining to child custody  2
-or visitation, upon the motion of any party and with notice  3
-to all other parties and after a hearing, the court may make  4
-temporary orders relative to the custody and visitation of  5
-the child subject to the judgment being modified.  Any such  6
-order shall remain in effect until the disposition of the  7
-motion to modify or until further order of the court. 8
-     2.  Notwithstanding the provisions of subsection 1 of  9
-this section to the contrary, an order entered relative to  10
-custody or visitation under this section may be entered  11
-without notice to opposing parties if the court finds that  12
-an emergency exists, the nature of which requires the court  13
-to act before opposing parties can be heard in opposition.   14
-In all such cases, the order shall be for a period not to  15
-exceed fifteen days or until further order of the court, and  16
-written notice of the issuance of any such order and the  17
- SB 1531 2
-reasons for it shall be given to opposing parties, along  18
-with notice of the date, time, and place that a hearing on  19
-the continuation of the order will be held. 20
-     3.  No temporary order shall deny parenting time to a  21
-parent or any other party granted custody or visitation  22
-under the judgment for which modification is sought, unless  23
-the court finds that parenting time is likely to cause  24
-physical or emotional harm to the child. 25
-     4.  If temporary parenting time is ordered, the court  26
-may also order temporary child support or temporarily modify  27
-any existing child support orders if requested by any party. 28
-     5.  A temporary parenting plan issued under this  29
-section shall not prejudice the rights of the parties or the  30
-child that are to be adjudicated at subsequent hearings in  31
-the proceeding. 32
-     6.  Dismissal of the motion to modify shall  33
-automatically vacate any temporary order issued under this  34
-section. 35
-     452.410.  1.  Except as provided in subsection 2 of  1
-this section, the court shall not modify a prior custody  2
-decree unless it has jurisdiction under the provisions of  3
-section 452.745 and it finds, upon the basis of facts that  4
-have arisen since the prior decree or that were unknown to  5
-the court at the time of the prior decree, that a change has  6
-occurred in the circumstances of the child or his custodian  7
-and that the modification is necessary to serve the best  8
-interests of the child.  Notwithstanding any other provision  9
-of this section or sections 452.375 and 452.400 to the  10
-contrary, any custody order entered by any court in this  11
-state or any other state  may, subject to jurisdictional  12
-requirements, be modified to allow for joint custody or  13
- SB 1531 3
-visitation only in accordance with section 452.375, 452.400,  14
-452.402, or 452.403. 15
-     2.  If either parent files a motion to modify an award  16
-of joint legal custody or joint physical custody, each party  17
-shall be entitled to a change of judge as provided by  18
-supreme court rule. 19
-     3.  If the parties have agreed to terms for  20
-modification of custody or visitation of the child, the  21
-parties may submit to the court a proposed parenting plan  22
-signed, under oath, by all parties having rights of custody  23
-or visitation under the existing custody or visitation  24
-judgment.  The proposed plan shall be accompanied by a  25
-motion, signed under oath by all parties, requesting a  26
-modification of the existing parenting plan and no statement  27
-of any changes in circumstances shall be required.  If the  28
-court determines that the proposed plan is in the child's  29
-best interests, then the court shall enter an order granting  30
-custody or visitation according to the proposed parenting  31
-plan as soon as possible following the filing. 32
-✓
+     Section A.  Sections 452.375, 452.410, and 452.423, RSMo,
+are repealed and four new sections enacted in lieu thereof, to
+be known as sections 452.375, 452.381, 452.410, and 452.423, to
+read as follows:
+     452.375.  1.  As used in this chapter, unless the
+context clearly indicates otherwise:
+     (1)  "Custody" means joint legal custody, sole legal
+custody, joint physical custody or sole physical custody or
+any combination thereof;
+     (2)  "Joint legal custody" means that the parents share
+the decision-making rights, responsibilities, and authority
+relating to the health, education and welfare of the child,
+and, unless allocated, apportioned, or decreed, the parents
+shall confer with one another in the exercise of decision-
+making rights, responsibilities, and authority;
+     (3)  "Joint physical custody" means an order awarding
+each of the parents significant, but not necessarily equal,
+periods of time during which a child resides with or is
+under the care and supervision of each of the parents.
+Joint physical custody shall be shared by the parents in
+such a way as to assure the child of frequent, continuing
+and meaningful contact with both parents;
+
+ 2
+     (4)  "Third-party custody" means a third party
+designated as a legal and physical custodian pursuant to
+subdivision (5) of subsection 5 of this section.
+     2.  The court shall determine custody in accordance
+with the best interests of the child.  There shall be a
+rebuttable presumption that an award of equal or
+approximately equal parenting time to each parent is in the
+best interests of the child.  Such presumption is rebuttable
+only by a preponderance of the evidence in accordance with
+all relevant factors, including, but not limited to, the
+factors contained in subdivisions (1) to [(8)] (9) of this
+subsection.  The presumption may be rebutted if the court
+finds that the parents have reached an agreement on all
+issues related to custody, or if the court finds that a
+pattern of domestic violence has occurred as set out in
+subdivision (6) of this subsection.  When the parties have
+not reached an agreement on all issues related to custody,
+the court shall consider all relevant factors and enter
+written findings of fact and conclusions of law, including,
+but not limited to, the following:
+     (1)  The wishes of the child's parents as to custody
+and the proposed parenting plan submitted by both parties;
+     (2)  The needs of the child for a frequent, continuing
+and meaningful relationship with both parents and the
+ability and willingness of parents to actively perform their
+functions as mother and father for the needs of the child;
+     (3)  The interaction and interrelationship of the child
+with parents, siblings, and any other person who may
+significantly affect the child's best interests;
+     (4)  Which parent is more likely to allow the child
+frequent, continuing and meaningful contact with the other
+parent;
+
+ 3
+     (5)  The child's adjustment to the child's home,
+school, and community.  The fact that a parent sends his or
+her child or children to a home school or FPE school shall
+not be the sole factor that a court considers in determining
+custody of such child or children;
+     (6)  The mental and physical health of all individuals
+involved, including any history of abuse of any individuals
+involved.  If the court finds that a pattern of domestic
+violence as defined in section 455.010 has occurred, and, if
+the court also finds that awarding custody to the abusive
+parent is in the best interest of the child, then the court
+shall enter written findings of fact and conclusions of
+law.  Custody and visitation rights shall be ordered in a
+manner that best protects the child and any other child or
+children for whom the parent has custodial or visitation
+rights, and the parent or other family or household member
+who is the victim of domestic violence from any further harm;
+     (7)  The child's need for stability, continuity of
+care, and consistent routine, as well as the capacity of
+each parent to provide a safe, stable, and developmentally
+appropriate environment;
+     (8)  The intention of either parent to relocate the
+principal residence of the child; and
+     [(8)] (9)  The unobstructed input of a child, free of
+coercion and manipulation, as to the child's custodial
+arrangement.
+     3.  (1)  In any court proceedings relating to custody
+of a child, the court shall not award custody or
+unsupervised visitation of a child to a parent if such
+parent or any person residing with such parent has been
+found guilty of, or pled guilty to, any of the following
+offenses when a child was the victim:
+
+ 4
+     (a)  A felony violation of section 566.030, 566.031,
+566.032, 566.060, 566.061, 566.062, 566.064, 566.067,
+566.068, 566.083, 566.100, 566.101, 566.111, 566.151,
+566.203, 566.206, 566.209, 566.211, or 566.215;
+     (b)  A violation of section 568.020;
+     (c)  A violation of subdivision (2) of subsection 1 of
+section 568.060;
+     (d)  A violation of section 568.065;
+     (e)  A violation of section 573.200;
+     (f)  A violation of section 573.205; or
+     (g)  A violation of section 568.175.
+     (2)  For all other violations of offenses in chapters
+566 and 568 not specifically listed in subdivision (1) of
+this subsection or for a violation of an offense committed
+in another state when a child is the victim that would be a
+violation of chapter 566 or 568 if committed in Missouri,
+the court may exercise its discretion in awarding custody or
+visitation of a child to a parent if such parent or any
+person residing with such parent has been found guilty of,
+or pled guilty to, any such offense.
+     4.  The general assembly finds and declares that it is
+the public policy of this state that frequent, continuing
+and meaningful contact with both parents after the parents
+have separated or dissolved their marriage is in the best
+interest of the child, except for cases where the court
+specifically finds that such contact is not in the best
+interest of the child, and that it is the public policy of
+this state to encourage parents to participate in decisions
+affecting the health, education and welfare of their
+children, and to resolve disputes involving their children
+amicably through alternative dispute resolution.  In order
+to effectuate these policies, the general assembly
+encourages the court to enter a temporary parenting plan as
+
+ 5
+early as practicable in a proceeding under this chapter,
+consistent with the provisions of subsection 2 of this
+section, and, in so doing, the court shall determine the
+custody arrangement which will best assure both parents
+participate in such decisions and have frequent, continuing
+and meaningful contact with their children so long as it is
+in the best interests of the child.
+     5.  Prior to awarding the appropriate custody
+arrangement in the best interest of the child, the court
+shall consider each of the following as follows:
+     (1)  Joint physical and joint legal custody to both
+parents, which shall not be denied solely for the reason
+that one parent opposes a joint physical and joint legal
+custody award.  The residence of one of the parents shall be
+designated as the address of the child for mailing and
+educational purposes;
+     (2)  Joint physical custody with one party granted sole
+legal custody.  The residence of one of the parents shall be
+designated as the address of the child for mailing and
+educational purposes;
+     (3)  Joint legal custody with one party granted sole
+physical custody;
+     (4)  Sole custody to either parent; or
+     (5)  Third-party custody or visitation:
+     (a)  When the court finds that each parent is unfit,
+unsuitable, or unable to be a custodian, or the welfare of
+the child requires, and it is in the best interests of the
+child, then custody, temporary custody or visitation may be
+awarded to a person related by consanguinity or affinity to
+the child.  If no person related to the child by
+consanguinity or affinity is willing to accept custody, then
+the court may award custody to any other person or persons
+deemed by the court to be suitable and able to provide an
+
+ 6
+adequate and stable environment for the child.  Before the
+court awards custody, temporary custody or visitation to a
+third person under this subdivision, the court shall make
+that person a party to the action;
+     (b)  Under the provisions of this subsection, any
+person may petition the court to intervene as a party in
+interest at any time as provided by supreme court rule.
+     6.  If the parties have not agreed to a custodial
+arrangement, or the court determines such arrangement is not
+in the best interest of the child, the court shall include a
+written finding in the judgment or order based on the public
+policy in subsection 4 of this section and each of the
+factors listed in subdivisions (1) to [(8)] (9) of
+subsection 2 of this section detailing the specific relevant
+factors that made a particular arrangement in the best
+interest of the child.  If a proposed custodial arrangement
+is rejected by the court, the court shall include a written
+finding in the judgment or order detailing the specific
+relevant factors resulting in the rejection of such
+arrangement.
+     7.  Upon a finding by the court that either parent has
+refused to exchange information with the other parent, which
+shall include but not be limited to information concerning
+the health, education and welfare of the child, the court
+shall order the parent to comply immediately and to pay the
+prevailing party a sum equal to the prevailing party's cost
+associated with obtaining the requested information, which
+shall include but not be limited to reasonable attorney's
+fees and court costs.
+     8.  As between the parents of a child, no preference
+may be given to either parent in the awarding of custody
+because of that parent's age, sex, or financial status, nor
+because of the age or sex of the child.  The court shall not
+
+ 7
+presume that a parent, solely because of his or her sex, is
+more qualified than the other parent to act as a joint or
+sole legal or physical custodian for the child.
+     9.  Any judgment providing for custody shall include a
+specific written parenting plan setting forth the terms of
+such parenting plan arrangements specified in subsection 8
+of section 452.310.  Such plan may be a parenting plan
+submitted by the parties pursuant to section 452.310 or, in
+the absence thereof, a plan determined by the court, but in
+all cases, the custody plan approved and ordered by the
+court shall be in the court's discretion and shall be in the
+best interest of the child.
+     10.  After August 28, 2016, every court order
+establishing or modifying custody or visitation shall
+include the following language:  "In the event of
+noncompliance with this order, the aggrieved party may file
+a verified motion for contempt.  If custody, visitation, or
+third-party custody is denied or interfered with by a parent
+or third party without good cause, the aggrieved person may
+file a family access motion with the court stating the
+specific facts that constitute a violation of the custody
+provisions of the judgment of dissolution, legal separation,
+or judgment of paternity.  The circuit clerk will provide
+the aggrieved party with an explanation of the procedures
+for filing a family access motion and a simple form for use
+in filing the family access motion.  A family access motion
+does not require the assistance of legal counsel to prepare
+and file.".
+     11.  No court shall adopt any local rule, form, or
+practice requiring a standardized or default parenting plan
+for interim, temporary, or permanent orders or judgments.
+Notwithstanding any other provision of law to the contrary,
+a court may enter an interim order in a proceeding under
+
+ 8
+this chapter, provided that the interim order shall not
+contain any provisions about child custody or a parenting
+schedule or plan without first providing the parties with
+notice and a hearing, unless the parties otherwise agree.
+     12.  Unless a parent has been denied custody rights
+pursuant to this section or visitation rights under section
+452.400, both parents shall have access to records and
+information pertaining to a minor child including, but not
+limited to, medical, dental, and school records.  If the
+parent without custody has been granted restricted or
+supervised visitation because the court has found that the
+parent with custody or any child has been the victim of
+domestic violence, as defined in section 455.010, by the
+parent without custody, the court may order that the reports
+and records made available pursuant to this subsection not
+include the address of the parent with custody or the
+child.  A court shall order that the reports and records
+made available under this subsection not include the address
+of the parent with custody if the parent with custody is a
+participant in the address confidentiality program under
+section 589.663.  Unless a parent has been denied custody
+rights pursuant to this section or visitation rights under
+section 452.400, any judgment of dissolution or other
+applicable court order shall specifically allow both parents
+access to such records and reports.
+     13.  Except as otherwise precluded by state or federal
+law, if any individual, professional, public or private
+institution or organization denies access or fails to
+provide or disclose any and all records and information,
+including, but not limited to, past and present dental,
+medical and school records pertaining to a minor child, to
+either parent upon the written request of such parent, the
+court shall, upon its finding that the individual,
+
+ 9
+professional, public or private institution or organization
+denied such request without good cause, order that party to
+comply immediately with such request and to pay to the
+prevailing party all costs incurred, including, but not
+limited to, attorney's fees and court costs associated with
+obtaining the requested information.
+     14.  An award of joint custody does not preclude an
+award of child support pursuant to section 452.340 and
+applicable supreme court rules.  The court shall consider
+the factors contained in section 452.340 and applicable
+supreme court rules in determining an amount reasonable or
+necessary for the support of the child.
+     15.  If the court finds that domestic violence or abuse
+as defined in section 455.010 has occurred, the court shall
+make specific findings of fact to show that the custody or
+visitation arrangement ordered by the court best protects
+the child and the parent or other family or household member
+who is the victim of domestic violence, as defined in
+section 455.010, and any other children for whom such parent
+has custodial or visitation rights from any further harm.
+     452.381.  1.  During the pendency of an action seeking
+a modification of any judgment pertaining to child custody
+or visitation, upon the motion of any party and with notice
+to all other parties and after a hearing, the court may make
+temporary orders relative to the custody and visitation of
+the child subject to the judgment being modified.  Any such
+order shall remain in effect until the disposition of the
+motion to modify or until further order of the court.
+     2.  Notwithstanding the provisions of subsection 1 of
+this section to the contrary, an order entered relative to
+custody or visitation under this section may be entered
+without notice to opposing parties if the court finds that
+an emergency exists, the nature of which requires the court
+
+ 10
+to act before opposing parties can be heard in opposition,
+including, but not limited to, an emergency in which the
+child faces immediate or imminent risk of physical harm,
+emotional harm, psychological injury, or medical neglect
+because of a parent's deteriorating mental health, a
+parent's failure to comply with prescribed or therapeutic
+treatment, reports from licensed medical or mental health
+professionals indicating a parent's instability, or a
+pattern of emotional volatility or coercive behavior by a
+parent.  In all such cases, the order shall be for a period
+not to exceed fifteen days or until further order of the
+court, and written notice of the issuance of any such order
+and the reasons for it shall be given to opposing parties,
+along with notice of the date, time, and place that a
+hearing on the continuation of the order will be held.
+     3.  No temporary order shall deny parenting time to a
+parent or any other party granted custody or visitation
+under the judgment for which modification is sought, unless
+the court finds that parenting time is likely to cause
+physical or emotional harm to the child.
+     4.  If temporary parenting time is ordered, the court
+may also order temporary child support or temporarily modify
+any existing child support orders if requested by any party.
+     5.  A temporary parenting plan issued under this
+section shall not prejudice the rights of the parties or the
+child that are to be adjudicated at subsequent hearings in
+the proceeding.
+     6.  Dismissal of the motion to modify shall
+automatically vacate any temporary order issued under this
+section.
+     452.410.  1.  Except as provided in subsection 2 of
+this section, the court shall not modify a prior custody
+decree unless it has jurisdiction under the provisions of
+
+ 11
+section 452.745 and it finds, upon the basis of facts that
+have arisen since the prior decree or that were unknown to
+the court at the time of the prior decree, that a change has
+occurred in the circumstances of the child or his custodian
+and that the modification is necessary to serve the best
+interests of the child.  Notwithstanding any other provision
+of this section or sections 452.375 and 452.400 to the
+contrary, any custody order entered by any court in this
+state or any other state  may, subject to jurisdictional
+requirements, be modified to allow for joint custody or
+visitation only in accordance with section 452.375, 452.400,
+452.402, or 452.403.
+     2.  If either parent files a motion to modify an award
+of joint legal custody or joint physical custody, each party
+shall be entitled to a change of judge as provided by
+supreme court rule.
+     3.  If the parties have agreed to terms for
+modification of custody or visitation of the child, the
+parties may submit to the court a proposed parenting plan
+signed, under oath, by all parties having rights of custody
+or visitation under the existing custody or visitation
+judgment.  The proposed plan shall be accompanied by a
+motion, signed under oath by all parties, requesting a
+modification of the existing parenting plan and no statement
+of any changes in circumstances shall be required.  If the
+court determines that the proposed plan is in the child's
+best interests, then the court shall enter an order granting
+custody or visitation according to the proposed parenting
+plan as soon as possible following the filing.
+     4.  As used in this section and in cases where one or
+more children subject to a custody order have special needs
+or disabilities, a change of circumstances may include one
+
+ 12
+parent's neglect or harm of the best interests of the child
+or children with special needs or disabilities.
+     452.423.  1.  In all proceedings for child custody or
+for dissolution of marriage or legal separation where
+custody, visitation, or support of a child is a contested
+issue, the court may appoint a guardian ad litem.
+Disqualification of a guardian ad litem shall be ordered in
+any legal proceeding only pursuant to this chapter, upon the
+filing of a written application by any party within ten days
+of appointment, or within ten days of August 28, 1998, if
+the appointment occurs prior to August 28, 1998.  Each party
+shall be entitled to one disqualification of a guardian ad
+litem appointed under this subsection in each proceeding,
+except a party may be entitled to additional
+disqualifications of a guardian ad litem for good cause
+shown.
+     2.  The court shall appoint a guardian ad litem in any
+proceeding in which child abuse or neglect is alleged.
+     3.  The guardian ad litem shall:
+     (1)  Be the legal representative of the child at the
+hearing, and may examine, cross-examine, subpoena witnesses
+and offer testimony;
+     (2)  Prior to the hearing, conduct all necessary
+interviews with persons having contact with or knowledge of
+the child in order to ascertain the child's wishes,
+feelings, attachments and attitudes.  If appropriate, the
+child should be interviewed;
+     (3)  Review relevant medical, educational, and
+therapeutic records and consult treating professionals when
+appropriate, assess special medical or developmental needs,
+and evaluate household stability and continuity of care; and
+     (4)  Request the juvenile officer to cause a petition
+to be filed in the juvenile division of the circuit court if
+
+ 13
+the guardian ad litem believes the child alleged to be
+abused or neglected is in danger.
+     4.  The guardian ad litem shall submit a written report
+summarizing the investigative steps taken and the factual
+basis for any recommendations.  The court shall review the
+report to ensure compliance with the provisions of this
+section and any other duties required under law prior to
+adopting any of the recommendations contained within.
+     5.  The appointing judge shall require the guardian ad
+litem to faithfully discharge such guardian ad litem's
+duties, and upon failure to do so shall discharge such
+guardian ad litem and appoint another.  The judge in making
+appointments pursuant to this section shall give preference
+to persons who served as guardian ad litem for the child in
+the earlier proceeding, unless there is a reason on the
+record for not giving such preference.
+     [5.] 6.  The guardian ad litem shall be awarded a
+reasonable fee for such services to be set by the court.
+The court, in its discretion, may:
+     (1)  Issue a direct payment order to the parties.  If a
+party fails to comply with the court's direct payment order,
+the court may find such party to be in contempt of court; or
+     (2)  Award such fees as a judgment to be paid by any
+party to the proceedings or from public funds.  Such an
+award of guardian fees shall constitute a final judgment in
+favor of the guardian ad litem.  Such final judgment shall
+be enforceable against the parties in accordance with
+chapter 513.
+     7.  A guardian ad litem appointed under this section
+shall have received training in child development, trauma-
+informed practices, domestic violence dynamics, coercive
+control, mental health disorders affecting parenting
+capacity, and considerations for children with special
+
+ 14
+needs.  Such training may be part of any training or
+education otherwise required of a guardian ad litem under
+law.