USA – MISSOURI Law and Practice Contributed by: Aaron Bundy and Hannah Lange, Bundy Law
2.6 Cohabitation In the absence of a contractual arrangement between the parties, Missouri law does not pro - vide for asset division between unmarried per - sons. Unmarried cohabitants do not acquire any property rights by virtue of cohabitation for any period of time or by sharing children with one another. 2.7 Enforcement When a party is non-compliant with a financial order, Missouri law offers a variety of enforce - ment and collection options. Missouri has adopted the Uniform Interstate Family Support Act and provides for co-ordination with other jurisdictions for the enforcement and collection of support orders. 2.8 Media Access and Transparency Generally, Missouri courts are open to the public. However, there are guidelines and limitations for family law cases. Missouri Supreme Court Oper - ating Rule 16 prohibits a “blanket prohibition” of all media coverage by local rule and provides for media coverage of judicial proceedings on a case-by-case basis if expressly authorised by the judge under specific conditions. 2.9 Alternative Dispute Resolution (ADR) Missouri has strong policy favouring mediation of family law disputes. Missouri Supreme Court Rule 88.04 provides that the court may order mediation of any contested family law issue. The rule goes on to encourage circuits to adopt local rules to accommodate and provide procedures for the use of mediation. Attendance at court- ordered mediation is mandatory, 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 mediation is a legally binding agreement (Sec -
tion 162.959 of the Revised Statutes of Mis - souri). A settlement agreement requires approval of the court before it will become enforceable as a court order.
3. Child Law 3.1 Choice of Jurisdiction
Missouri has adopted the Uniform Child Custo - dy Jurisdiction and Enforcement Act (UCCJEA) (Section 452.700 of the Revised Statutes of Mis - souri). The UCCJEA uses the “home state” defi - nition established by federal law in the Parental Kidnapping Prevention Act. “Home state” means the state in which a child has lived with a par - ent 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 men - tioned. 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 upbringing 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 follow - ing non-exclusive list of factors:
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