USA – MISSOURI Law and Practice Contributed by: Aaron Bundy, Bundy
and failure to attend a court-ordered session could lead to a finding of contempt of court. However, there is no obligation to reach an agreement through the mediation process. An agreement reached at media ‑ tion is a legally binding agreement (Section 162.959 of the Revised Statutes of Missouri). A settlement agreement requires approval of the court before it will become enforceable as a court order.
• 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; • the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child’s best interests; • which parent is more likely to allow the child fre ‑ quent, continuing and meaningful contact with the other parent; • the child’s adjustment to the child’s home, school and community – the fact that a parent sends their child or children to a home school or FPE (family- paced education) school shall not be the sole fac ‑ tor that a court considers in determining custody of such child or children; • the mental and physical health of all individuals involved, including any history of abuse of any indi ‑ viduals involved – if the court finds that a pattern of domestic violence as defined in Section 455.010 of the Revised Statutes of Missouri 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 must: (a) enter written findings of fact and conclusions of law, and (b) order custody and visitation rights in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, as well as the parent or other family or household member who is the victim of domestic violence, from any further harm; • the intention of either parent to relocate the princi ‑ pal residence of the child; and • the unobstructed input of a child, free from coer ‑ cion and manipulation, as to the child’s custodial arrangement. Missouri has a separate statute concerning modifica ‑ tion of custody after an initial custody determination (Section 452.410 of the Revised Statutes of Missouri). The appellate standard of review of child custody decisions by trial courts is abuse of discretion, which speaks to the broad oversight and decision-making authority enjoyed by trial courts when making child custody decisions.
3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings
Missouri has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Section 452.700 of the Revised Statutes of Missouri). The UCCJEA uses the “home state” definition established by federal law in the Parental Kidnapping Prevention Act. “Home state” means the state in which a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child has lived from birth with any of the persons mentioned. The nature of this definition implicates the concepts of domicile and residence in the event of a jurisdictional inquiry or challenge. 3.2 Living/Contact Arrangements and Child Maintenance In the event of a dispute about the care and upbring ‑ ing of their child, either parent may apply to the court for resolution. The court is obligated to determine custody in accordance with the best interests of the child. Missouri has a shared parenting presumption for the award of equal or approximately equal time to each parent. When the court makes a child custody decision, it is required under Section 452.375 of the Revised Statutes of Missouri to enter written findings of fact and conclusions of law, including the following non-exclusive list of factors: • the wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
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