reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.403 - Grandparent denied visitation, court may order mediation upon written request, purpose — costs — venue — termination of mediation, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1992
452.403. Grandparent denied visitation, court may order mediation upon written request, purpose — costs — venue — termination of mediation, when. —
1. Upon the written request of a grandparent denied visitation with a grandchild, the associate division of the circuit court may order mediation with any party who has custody or visitation rights with the minor child and appoint a mediator. Such written request need not follow the rules of civil procedure and need not be written or filed by an attorney.
2. As used in this section,
"mediation"
is the process by which a neutral mediator appointed by the court assists the parties in reaching a mutually acceptable voluntary and consensual agreement in the best interests of the child as to issues of child care and visitation. The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement. An agreement reached by the parties shall be based on the decisions of the parties and not the decisions of the mediator. The agreement reached may resolve all or only some of the disputed issues.
3. At any time after the third mediation session, either party may terminate mediation ordered pursuant to this section.
4. The costs of the mediation shall be paid by the grandparent requesting the mediation order.
5. The venue shall be in the county where the child resides.
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(L. 1992 H.B. 1492 § l)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.404 - Neutral location for exchange of children, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.404. Neutral location for exchange of children, when. —
To ensure compliance with the parenting plans or court orders, the court may require parents, or parents may agree, to bring the minor children to a neutral location for the exchange pursuant to such plans or orders. Such location may include a center specifically established for such exchanges or an existing location suitable for such exchanges. A neutral third party may be present at each exchange to provide an accurate documentation of the compliance or noncompliance with the ordered exchange.
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(L. 1998 S.B. 910 § 5)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.405 - Custodian to determine child's upbringing, exception — continued supervision, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.405. Custodian to determine child's upbringing, exception — continued supervision, when. —
1. Except as otherwise ordered by the court or agreed by the parties in writing at the time of the custody decree, the legal custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing finds, upon motion by the parent without legal custody, that in the absence of a specific limitation of the legal custodian's authority the child's physical health would be endangered or his emotional development impaired.
2. The legal custodian shall not exercise legal custody in such a way as to significantly and detrimentally impact the other parent's visitation or custody rights.
3. The court may order the county welfare office or the county juvenile officer to exercise continuing supervision over the case.
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(L. 1973 H.B. 315 § 22, A.L. 1998 S.B. 910)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.410 - Custody, decree, modification of, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2021, 2 histories
452.410. Custody, decree, modification of, when. —
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 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.
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(L. 1973 H.B. 315 § 23, A.L. 1978 H.B. 914, A.L. 1984 H.B. 1513, A.L. 1990 H.B. 1370, et al., A.L. 2021 H.B. 432 merged with S.B. 53 & 60 merged with S.B. 71)
CROSS REFERENCE:
Court may transfer custody if custodial parent, without good cause, fails to honor visitation order, 452.340
(1976) In motion to modify child custody decree under this section, it is not necessary to wait for manifestations of harmful consequences before action is taken. L.H.Y. v. J.M.Y. (A.), 535 S.W.2d 304.
(2007) Change in circumstances need not be substantial for modification of custody to accommodate changes of scheduling parenting time between mother and father. Russell v. Russell, 210 S.W.3d 191 (Mo.banc).
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.411 - Change of residence deemed grounds for modification of custody, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.411. Change of residence deemed grounds for modification of custody, when. —
If either parent of a child changes his residence to another state, such change of residence of the parent shall be deemed a change of circumstances under section 452.410, allowing the court to modify a prior visitation or custody decree.
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(L. 1988 H.B. 1272, et al. § 10, A.L. 1998 S.B. 910)
(2002) Section only applies when relocation occurs in violation of section 452.377. Baxley v. Jarred, 91 S.W.3d 192 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.412 - Military service of parent not to be a basis for modification of a visitation or custody order — limitations on issuance of certain court orders.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009, 2 histories
452.412. Military service of parent not to be a basis for modification of a visitation or custody order — limitations on issuance of certain court orders. —
1. A party's absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party's activation to military service and deployment out-of-state.
2. For a party in active military service and deployed out-of-state, any court order:
(1) Issued or modified regarding child custody or visitation during the time of such out-of-state military deployment of the party, including as part of an entry of decree of dissolution of marriage or legal separation, shall be temporary in nature and shall not exceed the length of time of such deployment;
(2) Issued regarding ex parte adult or child orders of protection under sections 455.010 to 455.085 or sections 455.500 to 455.538, during the time of such out-of-state military deployment of the party, may be extended beyond the initial fifteen days required under sections 455.040 and 455.516. Such orders issued under this subdivision shall be temporary in nature and shall not exceed the length of time of such deployment.
­­Upon such party's return from out-of-state military deployment, the party shall be given an opportunity to be heard on the child custody and visitation order or ex parte order of protection prior to a permanent order being entered by the court as to such issues. If the party in active military service knowingly and voluntarily signs a written waiver to the right to have such a hearing upon the party's return from out-of-state military deployment, the court may issue a permanent order on the issues under this section.
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(L. 2008 H.B. 1678, A.L. 2009 H.B. 427)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.415 - When sections 452.300 to 452.415 shall apply.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jan 1974, see footnote
452.415. When sections 452.300 to 452.415 shall apply. —
1. Sections 452.300 to 452.415 apply to all proceedings commenced on or after January 1, 1974.
2. Sections 452.300 to 452.415 apply to all pending actions and proceedings commenced prior to January 1, 1974, with respect to issues on which a judgment has not been entered. Pending actions for divorce or separation are deemed to have been commenced on the basis of irretrievable breakdown. Evidence adduced after January 1, 1974, shall be in compliance with sections 452.300 to 452.415.
3. Sections 452.300 to 452.415 apply to all proceedings commenced after January 1, 1974, for the modification of a judgment or order entered prior to January 1, 1974.
4. In any action or proceeding in which an appeal was pending or a new trial was ordered prior to January 1, 1974, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.
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(L. 1973 H.B. 315 § 24)
Effective 1-01-74
(1975) Where plaintiff filed divorce action in 1972, case was heard in 1973, statutes on dissolution of marriage became effective January 1, 1974, and no judgment had been entered on case pending; the issue for decision then became whether marriage was irretrievably broken and not whether plaintiff was entitled to a divorce for indignities. Bishop v. Bishop (A.), 521 S.W.2d 26.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.416 - Parent's change in income due to military service, effect on order of child support — director of division, duties.

Title XXX DOMESTIC RELATIONS
Chapter 452
Effective - 28 Aug 2014
452.416. Parent's change in income due to military service, effect on order of child support — director of division, duties. —
1. Notwithstanding any other provision of law to the contrary, whenever a parent in emergency military service has a change in income due to such military service, such change in income shall be considered a change in circumstances so substantial and continuing as to make the terms of any order or judgment for child support or visitation unreasonable.
2. Upon receipt of a notarized letter from the commanding officer of a noncustodial parent in emergency military service which contains the date of the commencement of emergency military service and the compensation of the parent in emergency military service, the director of the family support division shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court rules. Such notification to the director shall constitute an application for services under section 454.425.
3. Upon return from emergency military service the parent shall notify the director of the family support division who shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court rules. Such notification to the director shall constitute an application for services under section 454.425.
4. As used in this section, the term
"emergency military service"
means that the parent is a member of a reserve unit or National Guard unit which is called into active military duty for a period of more than thirty days.
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(L. 1991 S.B. 358, A.L. 1998 S.B. 910, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.420 - Proceedings to be heard by circuit judge — exception.

Title XXX DOMESTIC RELATIONS
Chapter 452
Effective - 02 Jan 1979, see footnote
452.420. Proceedings to be heard by circuit judge — exception. —
All proceedings authorized in chapter 452 to be maintained in circuit court shall be heard by circuit judges, except that said proceedings may be heard by an associate circuit judge if he is assigned to hear such case or class of cases or if he is transferred to hear such case or class of cases pursuant to other provisions of law or Section 6 of Article V of the Constitution.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.425 - Sheriff or law enforcement to enforce custody and visitation orders, when — limitations.

Title XXX DOMESTIC RELATIONS
Chapter 452
Effective - 28 Aug 1998
452.425. Sheriff or law enforcement to enforce custody and visitation orders, when — limitations. —
Any court order for the custody of, or visitation with, a child may include a provision that the sheriff or other law enforcement officer shall enforce the rights of any person to custody or visitation unless the court issues a subsequent order pursuant to chapter
*
210, 211, 452 or 455 to limit or deny the custody of, or visitations with, the child. Such sheriff or law enforcement officer shall not remove a child from a person who has actual physical custody of the child unless such sheriff or officer is shown a court order or judgment which clearly and convincingly verifies that such person is not entitled to the actual physical custody of the child, and there are not other exigent circumstances that would give the sheriff or officer reasonable suspicion to believe that the child would be harmed or that the court order presented to the sheriff or officer may not be valid.
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(L. 1998 S.B. 910 § 8)
*Word "chapters" appears in original rolls.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.426 - Risk of international abduction, court may impose restrictions and restraints.

Title XXX DOMESTIC RELATIONS
Chapter 452
Effective - 28 Aug 2009
452.426. Risk of international abduction, court may impose restrictions and restraints. —
If the judge determines that there is potential risk of international abduction of the child by either party, the judge may place any restraints on the parties or grant any remedies to either party that is necessary.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.430 - Availability of certain records — limitation on inspection of certain documents — redaction of Social Security numbers.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2010, 2 histories
452.430. Availability of certain records — limitation on inspection of certain documents — redaction of Social Security numbers. —
All pleadings and filings in a dissolution of marriage, legal separation, or modification proceeding filed more than seventy-two years prior to the time a request for inspection is made may be made available to the public. Any pleadings, other than the interlocutory or final judgment or any modification thereof, in a dissolution of marriage, legal separation, or modification proceeding filed prior to August 28, 2009, but less than seventy-two years prior to the time a request for inspection is made, shall be subject to inspection only by the parties, an attorney of record, the family support division within the department of social services when services are being provided under section 454.400, the attorney general or his or her designee, a person or designee of a person licensed and acting under chapter 381 who shall keep any information obtained confidential, except as necessary to the performance of functions required by chapter 381, or upon order of the court for good cause shown. Such persons may receive or make copies of documents without the clerk being required to redact the Social Security number, unless the court specifically orders the clerk to do otherwise. The clerk shall redact the Social Security number from any copy of a judgment or satisfaction of judgment before releasing the copy of the interlocutory or final judgment or satisfaction of judgment to the public.
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(L. 2009 H.B. 481, A.L. 2010 H.B. 1692, et al.)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.552 - Surcharge collected, when, use.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1999
452.552. Surcharge collected, when, use. —
In addition to any other court costs required to institute an action in the circuit division of the circuit court, a surcharge of three dollars shall be paid by the person filing such action. The surcharge shall be collected and disbursed in a manner provided by sections 488.012 to 488.020, by the court clerk at the time the petition is filed and shall be payable to the director of revenue for deposit in the domestic relations resolution fund established in section 452.554.
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(L. 1998 S.B. 910, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.554 - Domestic relations resolution fund established, use.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1999
452.554. Domestic relations resolution fund established, use. —
There is established in the state treasury a special fund to be known as the "Domestic Relations Resolution Fund". The director of revenue shall credit to and deposit all amounts received pursuant to section 452.552 to the fund. The general assembly shall appropriate moneys annually from the domestic relations resolution fund to the state courts administrator to pay the cost associated with the handbook created in section 452.556 and to reimburse local judicial circuits for the costs associated with the implementation of and creation of education programs for parents of children, alternative dispute resolution programs and similar programs applicable to domestic relations cases. The provisions of section 33.080 shall not apply to the domestic relations resolution fund.
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(L. 1998 S.B. 910, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.556 - Handbook, contents, availability.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2016, 3 histories
452.556. Handbook, contents, availability. —
1. The state courts administrator shall create a handbook or be responsible for the approval of a handbook outlining the following:
(1) Guidelines as to what is included in a parenting plan in order to maximize to the highest degree the amount of time the child may spend with each parent;
(2) The benefits of the parties agreeing to a parenting plan which outlines education, custody and cooperation between parents;
(3) The benefits of alternative dispute resolution;
(4) The pro se family access motion for enforcement of custody or temporary physical custody;
(5) The underlying assumptions for supreme court rules relating to child support; and
(6) A party's duties and responsibilities pursuant to section 452.377, including the possible consequences of not complying with section 452.377.
­­The handbooks shall be distributed to each court and shall be available in an alternative format, including Braille, large print, or electronic or audio format upon request by a person with a disability, as defined by the federal Americans with Disabilities Act. The handbook shall be made readily available and easily accessible online and upon request by a party.
2. In a dissolution or legal separation action filed pursuant to section 452.310, or any proceeding in modification thereof, where minor children are involved, petitioner's counsel shall provide the petitioner with a copy of the handbook developed pursuant to subsection 1 of this section at the time the petition is filed and provide a copy of the handbook to be served along with the petition and summons upon the respondent. If the petitioner is unrepresented by counsel at the time the petition is filed, the court shall provide the petitioner with a copy of the handbook and direct that a copy of the handbook be served along with the petition and summons upon the respondent.
3. The court shall make the handbook available to interested state agencies and members of the public.
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(L. 1998 S.B. 910, A.L. 2001 S.B. 267, A.L. 2014 H.B. 1231 merged with S.B. 621, A.L. 2016 H.B. 1550)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.600 - Educational sessions program shall be established by courts — for proceedings involving custody or support.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.600. Educational sessions program shall be established by courts — for proceedings involving custody or support. —
The circuit courts, by local rule, shall establish a program of educational sessions for parties to actions for dissolution of marriage or in postjudgment proceedings involving custody or support, concerning the effects of dissolution of marriage on minor children of the marriage, and the benefits of alternative dispute resolution, including mediation. In lieu of establishing such a program, the circuit court may, by local rule, designate a similar program of educational sessions offered by a private or public entity.
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(L. 1993 H.B. 353 § 1 subsec. 1, A.L. 1998 S.B. 910)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.605 - Court shall order parties to action and may order children to attend, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.605. Court shall order parties to action and may order children to attend, when. —
In an action for dissolution of marriage or legal separation involving minor children, or in a postjudgment proceeding wherein custody of minor children is to be determined by the court, the court shall, except for good cause, unless otherwise provided by local rule, order the parties to attend educational sessions concerning the effects of custody and the dissolution of marriage on children. As used in this section
"good cause"
includes, but is not limited to, situations where the parties have stipulated to the custody and visitation of the child, or a finding by a court with jurisdiction after all parties have received notice and an opportunity to be heard that the safety of a party or child may be endangered by attending the educational sessions. The court may order the minor children to attend age-appropriate educational sessions.
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(L. 1993 H.B. 353 § 1 subsec. 2, A.L. 1998 S.B. 910)
CROSS REFERENCE:
Educational sessions required in dissolution, when, 452.372
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.607 - Confidentiality of facts obtained at sessions not considered in adjudication, exception.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1993
452.607. Confidentiality of facts obtained at sessions not considered in adjudication, exception. —
The facts adduced at any educational session resulting from a referral pursuant to the provisions of sections 452.600 to 452.610 shall not be considered in the adjudication of a pending or subsequent judicial proceeding, nor shall any report resulting from such educational session, except a certification for completion of the session, become part of the record of any judicial proceeding unless the parties have stipulated in writing to the contrary.
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(L. 1993 H.B. 353 § 1 subsec. 3)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.610 - Cost of educational session, amount.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jul 1997, see footnote
452.610. Cost of educational session, amount. —
The fees or costs of educational sessions under sections 452.600 to 452.610 shall be less than seventy-five dollars per person and shall be borne by the parties as deemed equitable.
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(L. 1993 H.B. 353 § 1 subsec. 4, A.L. 1996 S.B. 869)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.700 - Short title.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.700. Short title. —
Sections 452.700 to 452.930 may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act".
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.710 - Proceedings governed by other law.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.710. Proceedings governed by other law. —
Sections 452.700 to 452.930 shall not govern:
(1) An adoption proceeding; or
(2) A proceeding pertaining to the authorization of emergency medical care for a child.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.715 - Application to Indian tribes.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.715. Application to Indian tribes. —
1. A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901, et seq., is not subject to sections 452.700 to 452.930 to the extent that it is governed by the Indian Child Welfare Act.
2. A court of this state shall treat a tribe as a state of the United States for purposes of sections 452.700 to 452.930.
3. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of sections 452.700 to 452.930 shall be recognized and enforced under the provisions of sections 452.850 to 452.915.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.720 - International application of act.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.720. International application of act. —
1. A court of this state shall treat a foreign country as a state of the United States for purposes of applying sections 452.700 to 452.785.
2. A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of sections 452.700 to 452.930 shall be recognized and enforced under sections 452.850 to 452.915.
3. The court need not apply the provisions of sections 452.700 to 452.930 when the child custody law of the other country violates fundamental principles of human rights.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.725 - Appearance and limited immunity.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.725. Appearance and limited immunity. —
1. A party to a child custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under sections 452.740 to 452.785, a party in a proceeding to modify a child custody determination under sections 452.740 to 452.785, or a petitioner in a proceeding to enforce or register a child custody determination under sections 452.850 to 452.915 may appear and participate in such proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose.
2. A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under sections 452.700 to 452.930. If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. If a party present in this state is subject to the jurisdiction of another state, service of process permissible under the laws of the other state may be accomplished in this state.
3. The immunity granted by this section shall not extend to civil litigation based on acts unrelated to the participation in a proceeding under sections 452.700 to 452.930 committed by an individual while present in this state.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.730 - Communication between courts.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.730. Communication between courts. —
1. A court of this state may communicate with a court in another state concerning a proceeding arising under sections 452.700 to 452.930.
2. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
3. A communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of such communication.
4. Except as provided in subsection 3 of this section, a record shall be made of the communication. The parties shall be informed promptly of the communication and granted access to the record.
5. For the purposes of this section,
"record"
means information that is inscribed on a tangible medium, or that which is stored in an electronic or other medium and is retrievable in perceivable form. A record includes notes or transcripts of a court reporter who listened to a conference call between the courts, an electronic recording of a telephone call, a memorandum or an electronic record of the communication between the courts, or a memorandum or an electronic record made by a court after the communication.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.735 - Cooperation between courts — preservation of records.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.735. Cooperation between courts — preservation of records. —
1. A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence under procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
2. Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection 1 of this section.
3. Travel and other necessary and reasonable expenses incurred under subsection 1 or 2 of this section may be assessed against the parties according to the law of this state.
4. A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of such records.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.740 - Initial child custody jurisdiction.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.740. Initial child custody jurisdiction. —
1. Except as otherwise provided in section 452.755, a court of this state has jurisdiction to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months prior to the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) A court of another state does not have jurisdiction under subdivision (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 452.770 or 452.775, and:
(a) The child and the child's parents, or the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence; and
(b) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships;
(3) All courts having jurisdiction under subdivisions (1) and (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 452.770 or 452.775; or
(4) No state would have jurisdiction under subdivision (1), (2) or (3) of this subsection.
2. Subsection 1 of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
3. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.745 - Exclusive, continuing jurisdiction.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.745. Exclusive, continuing jurisdiction. —
1. Except as otherwise provided in section 452.755, a court of this state that has made a child custody determination consistent with section 452.740 or 452.750 has exclusive continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state, and that substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships; or
(2) A court of this state or a court of another state determines that neither the child, nor a parent, nor any person acting as a parent presently resides in this state.
2. A court of this state that has exclusive continuing jurisdiction under this section may decline to exercise its jurisdiction if the court determines that it is an inconvenient forum under section 452.770.
3. A court of this state that has made a child custody determination and does not have exclusive continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 452.740.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.747 - Verified petition — service of process.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.747. Verified petition — service of process. —
1. Any petition for modification of child custody decrees filed under the provisions of section 452.410 or sections 452.700 to 452.930 shall be verified and, if the original proceeding originated in the state of Missouri, shall be filed in that original case, but service shall be obtained and responsive pleadings may be filed as in any original proceeding.
2. Before making a decree under section 452.410 or sections 452.700 to 452.930, the litigants, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child shall be served in the manner provided by the rules of civil procedure and applicable court rules and may within thirty days after the date of service (forty-five days if service by publication) file a verified answer. If any such persons are outside this state, notice and opportunity to be heard shall be given under section 452.740.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.750 - Jurisdiction to modify determination.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.750. Jurisdiction to modify determination. —
Except as otherwise provided in section 452.755, a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (1) or (2) of subsection 1 of section 452.740 and:
(1) The court of the other state determines it no longer has exclusive continuing jurisdiction under section 452.745 or that a court of this state would be a more convenient forum under section 452.770; or
(2) A court of this state or a court of the other state determines that neither the child, nor a parent, nor any person acting as a parent presently resides in the other state.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.755 - Temporary emergency jurisdiction.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.755. Temporary emergency jurisdiction. —
1. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned, or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
2. If there is no previous child custody determination that is entitled to be enforced under sections 452.700 to 452.930, and if no child custody proceeding has been commenced in a court of a state having jurisdiction under sections 452.740 to 452.750, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 452.740 to 452.750. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 452.740 to 452.750, a child custody determination made under this section becomes a final determination if:
(1) It so provides; and
(2) This state becomes the home state of the child.
3. If there is a previous child custody determination that is entitled to be enforced under sections 452.700 to 452.930, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 452.740 to 452.750, any order issued by a court of this state under this section shall specify in the order a period of time which the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 452.740 to 452.750. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
4. A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made, by a court of a state having jurisdiction under sections 452.740 to 452.750, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under sections 452.740 to 452.750, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made by a court of another state under a statute similar to this section shall immediately communicate with the court of that state. The purpose of such communication is to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.760 - Notice — opportunity to be heard — joinder.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.760. Notice — opportunity to be heard — joinder. —
1. Before a child custody determination is made under sections 452.700 to 452.930, notice and an opportunity to be heard in accordance with the standards of section 452.762 shall be given to:
(1) All persons entitled to notice under the provisions of the law of this state as in child custody proceedings between residents of this state;
(2) Any parent whose parental rights have not been previously terminated; and
(3) Any person having physical custody of the child.
2. Sections 452.700 to 452.930 shall not govern the enforceability of a child custody determination made without notice and an opportunity to be heard.
3. The obligation to join a party and the right to intervene as a party in a child custody proceeding under sections 452.700 to 452.930 are governed by the law of this state as in child custody proceedings between residents of this state.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.762 - Notice for exercise of jurisdiction.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.762. Notice for exercise of jurisdiction. —
1. Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective.
2. Proof of service may be made in the manner prescribed by law of this state or by the law of the state in which the service is made.
3. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.765 - Simultaneous proceedings.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.765. Simultaneous proceedings. —
1. Except as otherwise provided in section 452.755, a court of this state shall not exercise its jurisdiction under sections 452.740 to 452.785 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been previously commenced in a court of another state having jurisdiction substantially in conformity with sections 452.700 to 452.930, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 452.770.
2. Except as otherwise provided in section 452.755, a court of this state, prior to hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under section 452.780. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with sections 452.700 to 452.930, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with sections 452.700 to 452.930 does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
3. In a proceeding to modify a child custody determination, a court of this state shall determine if a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
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(L. 2009 H.B. 481)