- Perfected -
SS/SB 910 - This act revises various child custody, visitation and support laws.
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. 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. A child employed at least 15 hours per week may take as few as 9 credit hours per semester. Court shall consider ordering a parent to waive the right to claim the tax dependency exemption if appropriate in light of financial aid considerations. In determining any award of attorney's fees, court is to consider merits of case and actions of parties during pendency of the action. In cases involving failure to pay child support or failure to provide visitation, court shall order attorney's fees to be paid, for good cause shown.
Court may order alternate dispute resolution (ADR) or court hearing for disposition of unresolved custody and visitation issues, except for good cause shown. ADR shall be paid for by parties, be nonbinding, and may not be used for contempt proceedings, enforcement of existing orders which are unambiguous, or child support issues. The Supreme Court is to publish rule within 60 days of effective date of act allowing circuits to establish ADR program within six months of rule.
Custody is generally defined as including both legal and physical custody. Joint physical custody means an order awarding each parent significant, but not necessarily equal, periods of time. 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.
The court shall award custody in light of the best interest of the child. 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. If requested by a party, the court must make written finding of reasons preferred custodial arrangement is denied and reasons why arrangement chosen is in child's best interests. Any 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 Section 452.340 factors and applicable supreme court rules.
In any relocation, a party must first provide all other parties with custody or visitation rights at least 60 days written notice by certified mail, absent exigent circumstances; contents of notice enumerated. Principal residence of the child may not be relocated more than 50 miles from current primary residence without court order or consent of other party. The duty to provide notice is continuing. 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.
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 shall be deemed a change of circumstance which would allow court to modify custody.
The court is to specify visitation rights. The court is to make findings if requested by party when there is a history of domestic violence. The court shall not grant custody to parent who has been found guilty of or pled guilty to an offense committed in another state, when the child is the victim, that would be a felony violation of Chapter 566, RSMo, or Section 568.020, RSMo, if committed in this state. Family access motion allowed in cases involving unambiguous orders. By January 1, 1999, the State Courts Administrator will develop a simplified form for such motions. The procedures shall include: pro se form, filing fee not to exceed $25, motion to be summarily heard, final disposition not more than 45 days after service, except for good cause shown or agreement of the parties. 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.
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. Each party is allowed one disqualification of a guardian ad litem per proceeding within 10 days from appointment. A party may disqualify more than one guardian ad litem in a proceeding for good cause shown.
Circuit courts to establish program of educational sessions by local rule. Educational sessions shall be ordered, except for good cause shown, which is 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.
The act expands the child protection system established by the Division of Family Services from eight areas of the state to the entire state. This provision is identical to HB 1556.
The act also revises laws concerning child support enforcement, provisions similar to SB 910. The required notice to a mother and putative father regarding legal consequences and benefits of establishing paternity may be provided by use of audio or video equipment. The qualifying date is removed for presumption by consent when the father married the mother and his name is listed on the birth certificate. Any person having physical or legal custody of a child may file a paternity action. The application of the Uniform Parentage Act to the Uniform Interstate Parentage Support Act is clarified.
The act removes the requirement that the Division of Child Support Enforcement (DCSE) respond within five days and use automated administrative enforcement in interstate cases. Cooperation by person receiving assistance from a program funded pursuant to Part A or Part E of the Social Security Act, Title XIX of the Social Security Act or the Food Stamp Act, in cases involving the establishment, enforcement or modification of child support shall be determined by DCSE.
Parties to a paternity or child support proceeding must file identifying information with the State Case Registry instead of court. Listed address information shall be deemed valid if other diligent efforts to locate a party fail, including service by publication and certified mail to the last known address.
DCSE may use all sources of information and available records to determine the location of any child or parent regarding unlawful taking of a child, child custody or visitation purposes, except in cases involving domestic violence.
Retirement benefits of state employees shall be considered income for purposes of child support enforcement. Credit for direct and in kind support to the custodial parent shall be allowed upon affidavit of custodial parent alone. Child support may be redirected to state agency when court places custody of a child with that agency. Any order of the Director of DCSE may be filed in the county where the dissolution or paternity judgment was entered, or if no such judgment was entered, where the parent or child resides or the county where the support order was filed. The act removes the prerequisite that a child receive assistance under Part IV-A of the Social Security Act before a plan for work activity can be ordered. No garnishment or withholding order shall be levied or maintained against a party whose child support obligation has been fulfilled or brought to term, unless by voluntary agreement or court order. The burden of proving noncompliance is on the Division of Child Support Enforcement.
JOHN MESSMER