Mere fact of custody at filing shall not create preference in ordering temporary custody, custody or child support. Petitioner shall file a proposed parenting plan upon filing; respondent shall submit proposed parenting plan with first responsive pleading that shall set forth arrangements that the party believes to be in the best interest of the minor children. The contents of the parenting plan are listed.

Relevant factors for the court to consider in determining

child support orders include the amount of time a child spends with each parent and the reasonable expenses associated with custody arrangements; and reasonable expenses associated with successive families of the parents. Child support shall continue if the child continues to attend and progresses toward completion of school program, taking at least 12 hours of credit per semester. A child diagnosed with a learning disability, physical disability or health problem is exempted from this requirement, and need only be enrolled in and attending postsecondary training or education.

Child's enrollment in higher education may constitute a change of circumstances warranting modification of support order. The court is to consider anticipated costs and available financial aid. Credit reduction may be ordered if child is residing at school. A court may order all parties to complete financial aid forms, and shall consider the child's resources, including employment and scholarships. Award of attorney's fees mandatory if requested by prevailing party. In determining award of attorney's fees, court is to consider merits of case and actions of parties during pendency of the action. Provision that fees can be paid out of marital or separate assets is deleted.

Court may order alternate dispute resolution (ADR) or court hearing for disposition of unresolved custody and visitation issues. ADR shall be paid for by parties, be nonbinding, and may not be used for contempt proceedings or enforcement of existing orders which are unambiguous. The Supreme Court is to adopt rule within 60 days of effective date of act allowing circuits to establish ADR program within six months of rule for contested child custody and visitation proceedings.

Custody is generally defined. Joint physical custody means an order awarding each parent significant, but not necessarily equal, periods of time. Joint legal custody confers primary decision-making rights to one parent, and carries obligation to discuss decisions with the other parent. Physical custody confers primary responsibility to provide residence and care for the child. Visitation confers parenting time at specific times and for specific periods. Intent of either parent to relocate more than 50 miles from child's current residence is a relevant factor for court in considering custody award, as well as the parenting plans submitted by both parents.

Custody preferences are to be considered in following order (except where no custody issues in dispute): joint physical and legal custody to both parents; joint legal custody with one party named primary physical custodian; joint physical custody with one party granted physical custody; sole legal and physical custody; third party award. The burden is on the parent opposing custody arrangement. The court must make written finding of reasons preferred custodial arrangement is denied and reasons why arrangement chosen is in child's best interests. Joint custody plan approved shall be in the best interests of the child.

Any judgment or decree of dissolution or declaration of paternity shall specify that both parents shall have access to child's records. In awarding child support, court shall consider 452.340 factors and applicable supreme court rules.

In all relocations, a party must first provide all other parties with custody or visitation rights at least 60 days written notice by registered mail; contents of notice must be enumerated. Person with custody or visitation rights is prohibited from relocating primary residence of that person or child more than 50 miles from current primary residence without order or consent. The duty to provide notice is continuing.

If a move is for more than 50 miles, the other party may file objection with court within 30 days of receiving notice and may also seek a restraining order. The person seeking relocation shall file a response to objections within 15 days. Parties may file a written stipulation with court, containing revised schedule, and avoid hearing. The issues for court to consider in determining relocation are listed. The court shall not give undue weight to temporary relocation.

A person seeking relocation has the burden of showing the move is made in good faith and in the best interest of the child. If relocation is permitted, the court shall order a schedule to provide child with frequent, continuing and meaningful contact with other party, and shall specify allocation of transportation costs, adjusting support orders if necessary. All orders after August 28, 1998, shall contain language advising parties of relocation notice requirement. Violation of section is a Class A misdemeanor and shall be deemed a change of circumstance which would allow court to modify custody.

Court is to specify visitation rights. Court is to make findings if requested by party when there is a history of domestic violence. Family Access motion allowed in cases involving unambiguous orders. Within 60 days from effective date of section, the Supreme Court shall have a rule in effect requiring each circuit to establish procedures for handling of Family Access motions within 6 months of the adoption of the rule. The procedures shall include: pro se form, cost not to exceed additional $25, hearing on motion within 14 days of service, final disposition not more than 45 days after service. Intentional interference with visitation shall constitute change of circumstances which may justify change of custody. For purposes of Rule 51, proceeding is not independent civil action. Violation of family access order is a Class A misdemeanor, or Class D felony if there is a third violation within five years. Family Access fee may be waived for good cause. Provisions regarding Mo. Family Access Fund eliminated.

The legal custodian is to determine the child's upbringing, and shall not detrimentally impact rights of other parent. Court shall apply Section 452.340, RSMo, factors and applicable supreme court rules in modification of child support proceedings.

Circuit courts to establish program of educational sessions by local rule. Within sixty days after the effective date, the Supreme Court to have guidelines for educational sessions. Educational sessions shall be ordered, except for good cause shown (defined).

Penalties that apply to child support also apply to denial or interference with visitation or custody (except for passport revocation). Penalties must be imposed by a court. The Division of Child Support Enforcement shall not have jurisdiction.

JOAN GUMMELS