reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.770 - Inconvenient forum.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.770. Inconvenient forum. —
1. A court of this state that has jurisdiction under sections 452.700 to 452.930 to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the court's own motion, at the request of another court or upon motion of a party.
2. Before determining whether the court is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2) The length of time the child has resided outside this state;
(3) The distance between the court in this state and the court in the state that would assume jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation, including the testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues of the pending litigation.
3. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, the court shall stay the proceedings on the condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
4. A court of this state may decline to exercise its jurisdiction under sections 452.700 to 452.930 if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
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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 452.775 - Jurisdiction declined by reason of conduct.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.775. Jurisdiction declined by reason of conduct. —
1. Except as otherwise provided in section 452.755, if a court of this state has jurisdiction under sections 452.700 to 452.930 because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under sections 452.740 to 452.750 determines that this state is a more appropriate forum under section 452.770; or
(3) No other state would have jurisdiction under sections 452.740 to 452.750.
2. If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, the court may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the wrongful conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 452.740 to 452.750.
3. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection 1 of this section, the court shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs or expenses against this state except as otherwise provided by law other than sections 452.700 to 452.930.
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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 452.780 - Information to be submitted to court.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.780. Information to be submitted to court. —
1. Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during such period. The pleading or affidavit shall state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, case number of the proceeding and date of the child custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court and case number and nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of such persons.
2. If the information required by subsection 1 of this section is not furnished, the court, upon its own motion or that of a party, may stay the proceeding until the information is furnished.
3. If the declaration as to any of the items described in subdivisions (1) to (3) of subsection 1 of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
4. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
5. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be put at risk by the disclosure of identifying information, that information shall be sealed and not disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
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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 452.782 - Joinder of a party.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.782. Joinder of a party. —
If the court learns from information furnished by the parties under section 452.800 or from other sources that a person not a party to the custody proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child, it may order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his or her joinder as a party. If the person joined as a party is outside this state, such person shall be served with process or otherwise notified in accordance with section 452.762.
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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 452.785 - Appearance of parties and child.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.785. Appearance of parties and child. —
1. The court may order any party to the proceeding who is in this state to appear before the court personally. If the court finds the physical presence of the child to be in the best interest of the child, the court may order that the party who has physical custody of the child to appear physically with the child.
2. If a party to a child custody proceeding whose presence is desired by the court is outside this state, with or without the child, the court may order that a notice given under section 452.762 include a statement directing the party to appear personally with or without the child.
3. If a party to the proceeding who is outside this state is directed to appear under subsection 1 of this section or desires to appear personally before the court with or without the child, the court may require another party to pay to the clerk of the court travel and other necessary expenses of the party so appearing and of the child, if this is just and proper under the circumstances.
4. If the court finds it to be in the best interest of the child that a guardian ad litem be appointed, the court may appoint a guardian ad litem for the child. The guardian ad litem so appointed shall be an attorney licensed to practice law in the state of Missouri. Disqualification of a guardian ad litem shall be ordered in any legal proceeding under this chapter upon the filing of a written application by any party within ten days of appointment. Each party shall be entitled to one disqualification of a guardian ad litem appointed under this subsection in each proceeding, except a party may be entitled to additional disqualifications of a guardian ad litem for good cause shown. The guardian ad litem may, for the purpose of determining custody of the child only, participate in the proceeding as if such guardian ad litem were a party. The court shall enter judgment allowing a reasonable fee to the guardian ad litem.
5. The court shall appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged.
6. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
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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 452.790 - Effect of child custody determination.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.790. Effect of child custody determination. —
A child custody determination made by a court of this state that had jurisdiction under sections 452.700 to 452.930 binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 452.762 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. The determination is conclusive as to them as to all decided issues of law and fact except to the extent the determination is modified.
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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 452.795 - Full faith and credit.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.795. Full faith and credit. —
A court of this state shall accord full faith and credit to an order made consistently with sections 452.700 to 452.930 which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court authorized to do so under sections 452.740 to 452.845.
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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 452.800 - Modification of another court's determination.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.800. Modification of another court's determination. —
Except as otherwise provided in section 452.755, a court of this state may 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 that 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 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 452.805 - Filing of certified copy of custody decree.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.805. Filing of certified copy of custody decree. —
1. A certified copy of a custody decree of another state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the decree in the same manner as a custody decree of the circuit court of this state. A custody decree so filed has the same effect and shall be enforced in like manner as a custody decree rendered by a court of this state.
2. A person violating a custody decree of another state which makes it necessary to enforce the decree in this state may be required to pay necessary travel and other expenses, including attorneys' fees, incurred by the party entitled to the custody or the party's witnesses.
3. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction that was in substantial conformity with sections 452.700 to 452.930 or the determination was made under factual circumstances meeting the jurisdictional standards of sections 452.700 to 452.930 and the determination has not been modified in accordance with sections 452.700 to 452.930.
4. A court may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The procedure provided by sections 452.740 to 452.845 does not affect the availability of other remedies to enforce 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 452.815 - Forwarding copies of decrees.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.815. Forwarding copies of decrees. —
The clerk of the circuit court of this state, at the request of the court of another state or at the request of any person who is affected by or has a legitimate interest in a custody decree, may, upon payment therefor, certify and forward a copy of the decree to that court or person.
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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 452.820 - Testimony of witnesses.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.820. Testimony of witnesses. —
1. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
2. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
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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 452.825 - Request for another court to hold hearing.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.825. Request for another court to hold hearing. —
1. A court of this state may request the appropriate court of another state to hold a hearing to obtain evidence, to order persons within that state to produce or give evidence under other procedures of that state, or to have social studies made with respect to the custody of a child involved in proceedings pending in the court of this state; and to forward to the court of this state certified copies of the transcript of the record of the hearing, the evidence otherwise obtained, or any social studies prepared in compliance with the request. The cost of the services may be assessed against the parties.
2. A court of this state may request the appropriate court of another state to order a party to custody proceedings pending in the court of this state to appear in the proceedings and, if that party has physical custody of the child, to appear with the child. The request may state that travel and other necessary expenses of the party and of the child whose appearance is desired will be assessed against the appropriate party.
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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 452.830 - Appearance at hearing.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.830. Appearance at hearing. —
1. Upon request of the court of another state, the courts of this state which are competent to hear custody matters may order a person in this state to appear at a hearing to obtain evidence or to produce or give evidence under other procedures available in this state for use in a custody proceeding in another state. A certified copy of the transcript of the record of the hearing or the evidence otherwise obtained may, in the discretion of the court and upon payment therefor, be forwarded to the requesting court.
2. A person within this state may voluntarily give his testimony or statement in this state for use in a custody proceeding outside this state.
3. Upon request of the court of another state, a competent court of this state may order a person in this state to appear alone or with the child in a custody proceeding in another state. The court may condition compliance with the request upon assurance by the other state that travel and other necessary expenses will be advanced or reimbursed.
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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 452.835 - Preservation of documents.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.835. Preservation of documents. —
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 reaches eighteen years of age. Upon appropriate request by the court or law enforcement official of another state, the court shall forward certified copies of these 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 452.840 - Transfer of transcripts and documents.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.840. Transfer of transcripts and documents. —
If a custody decree has been rendered in another state concerning a child involved in a custody proceeding pending in a court of this state, the court of this state, upon taking jurisdiction of the case, shall request of the court of the other state a certified copy of the transcript of any court record and other documents mentioned in section 452.835.
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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 452.845 - Priority of jurisdictional question.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.845. Priority of jurisdictional question. —
If a question of existence or exercise of jurisdiction under sections 452.700 to 452.930 is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
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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 452.850 - Definitions.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.850. Definitions. —
As used in sections 452.850 to 452.915:
(1)
"Petitioner"
means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction;
(2)
"Respondent"
means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction.
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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 452.855 - Temporary visitation.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.855. Temporary visitation. —
1. Sections 452.850 to 452.915 may be invoked to enforce:
(1) A child custody determination; and
(2) An order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction.
2. A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
3. If a court of this state makes an order under subdivision (2) of subsection 2 of this section, the court shall specify in the order a period of time which it considers adequate to allow the person seeking the order to obtain an order from the state having jurisdiction under sections 452.740 to 452.845. The order remains in effect until an order is obtained from the other state or the period expires.
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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 452.860 - Enforcement of registered determination.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.860. Enforcement of registered determination. —
1. A court of this state may grant any relief normally available under the provisions of the laws of this state to enforce a registered child custody determination made by a court of another state.
2. A court of this state shall recognize and enforce, but shall not modify, except in accordance with sections 452.740 to 452.845, a registered child custody determination of another 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 452.865 - Simultaneous proceeding.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.865. Simultaneous proceeding. —
If a proceeding for enforcement under sections 452.850 to 452.915 has been or is commenced in this state and a court of this state determines that a proceeding to modify the determination has been commenced in another state having jurisdiction to modify the determination under sections 452.740 to 452.845, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
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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 452.875 - Service of petition and order.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.875. Service of petition and order. —
Except as otherwise provided in section 452.885, the petition and order shall be served by any method authorized by the laws of this state upon the respondent and any person who has physical custody of the 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 452.880 - Hearing and order.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.880. Hearing and order. —
1. Unless the court enters a temporary emergency order under section 452.755, upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that:
(1) The child custody determination has not been registered and confirmed under section 452.810, and that:
(a) The issuing court did not have jurisdiction under sections 452.740 to 452.845;
(b) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under sections 452.740 to 452.845 or federal law; or
(c) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 452.762 in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed under section 452.810, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under sections 452.740 to 452.845 or federal law.
2. The court shall award the fees, costs and expenses authorized under section 452.890 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine if additional relief is appropriate.
3. If a party called to testify refuses to answer on the grounds that the testimony may be self-incriminating, the court may draw an adverse inference from such refusal.
4. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife, or parent and child shall not be invoked in a proceeding under 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 452.885 - Warrant to take physical custody of child.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.885. Warrant to take physical custody of child. —
1. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is likely to suffer serious imminent physical harm or removal from this state.
2. If the court, upon the testimony of the petitioner or other witnesses, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a warrant to take physical custody of the child. The petition shall be heard on the next judicial day after the warrant is executed. The warrant shall include the statements required under subsection 2 of section 452.870.
3. A warrant to take physical custody of a child shall:
(1) Recite the facts which a conclusion of serious imminent physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending final relief.
4. The respondent shall be served with the petition, warrant and order immediately after the child is taken into physical custody.
5. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child. If required by the exigency of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
6. The court may impose conditions on the placement of a child to ensure the appearance of the child and the child's custodian.
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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 452.890 - Costs, fees, and expenses.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.890. Costs, fees, and expenses. —
1. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
2. The court shall not assess fees, costs or expenses against a state except as otherwise provided by law other than sections 452.700 to 452.930.
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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 452.895 - Recognition and enforcement.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.895. Recognition and enforcement. —
A court of this state shall accord full faith and credit to an order made consistently with sections 452.700 to 452.930 which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court authorized to do so under sections 452.740 to 452.845.
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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 452.900 - Appeals.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.900. Appeals. —
An appeal may be taken from a final order in a proceeding under sections 452.850 to 452.915 in accordance with appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 452.755, the enforcing court shall not stay an order enforcing a child custody determination pending appeal.
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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 452.905 - Role of prosecutor or public official.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.905. Role of prosecutor or public official. —
1. In a case arising under sections 452.700 to 452.930 or involving the Hague Convention on the Civil Aspects of International Child Abduction, the appropriate public official may take any lawful action, including resort to a proceeding under sections 452.850 to 452.915 or any other available civil proceeding to locate a child, obtain the return of a child or enforce a child custody determination if there is:
(1) An existing child custody determination;
(2) A request from a court in a pending child custody case;
(3) A reasonable belief that a criminal statute has been violated; or
(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
2. A prosecutor or an appropriate public official shall act on behalf of the court and shall not represent any party to 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 452.910 - Role of law enforcement.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.910. Role of law enforcement. —
At the request of a prosecutor or other appropriate public official acting under section 452.905, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist such prosecutor or public official with responsibilities under section 452.905.
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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 452.915 - Costs and expenses.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.915. Costs and expenses. —
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under sections 452.905 and 452.910.
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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 452.920 - Application and construction.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.920. Application and construction. —
In applying and construing sections 452.700 to 452.930, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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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 452.925 - Severability clause.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.925. Severability clause. —
If any provision of sections 452.700 to 452.930 or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of sections 452.700 to 452.930 which can be given effect without the invalid provision or application, and to this end the provisions of sections 452.700 to 452.930 are severable.
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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 452.930 - Transitional provision.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.930. Transitional provision. —
A motion or other request for relief made in a child custody or enforcement proceeding which was commenced before August 28, 2009, is governed by the law in effect at the time the motion or other request was made.
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(L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.005 - Construction of sections 453.010 to 453.400 — ethnic and racial diversity considerations.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 2014, 2 histories
453.005. Construction of sections 453.010 to 453.400 — ethnic and racial diversity considerations. —
1. The provisions of sections 453.005 to 453.400 shall be construed so as to promote the best interests and welfare of the child in recognition of the entitlement of the child to a permanent and stable home.
2. The children's division and all persons involved in the adoptive placement of children as provided in subdivisions (1), (2) and (4) of section 453.014 shall provide for the diligent recruitment of potential adoptive homes that reflect the ethnic and racial diversity of children in the state for whom adoptive homes are needed.
3. Placement of a child in an adoptive home may not be delayed or denied on the basis of race, color or national origin.
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(L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 2000 S.B. 757 & 602, A.L. 2001 S.B. 236, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.011 - Expediting termination of parental rights and contested adoption cases.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 2007
453.011. Expediting termination of parental rights and contested adoption cases. —
1. In all cases involving the termination of parental rights, placement, or adoption of a child, whether voluntary or contested by any person or agency, the court shall, consistent with due process, expedite the termination, placement, or adoption proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case shall be given priority in setting a final hearing of the proceeding and shall be heard at the earliest possible date over other civil litigation, other than children's division child protection cases.
2. In all cases as specified in subsection 1 of this section which are appealed from the decision of a trial court:
(1) The transcript from the prior court proceeding shall be provided to the appellate court no later than thirty days from the date the appeal is filed; and
(2) The appellate court shall, consistent with its rules, expedite the contested termination of parental rights or adoption case by entering such scheduling orders as are necessary to ensure that a ruling will be entered within thirty days of the close of oral arguments, and such case shall be given priority over all other civil litigation, other than children's division child protection cases, in reaching a determination on the status of the termination of parental rights or of the adoption; and
(3) In no event shall the court permit more than one request for an extension by either party.
3. It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a termination of parental rights proceeding, a placement proceeding, or an adoption proceeding not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than children's division child protection cases.
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(L. 2000 S.B. 757 & 602, A.L. 2007 S.B. 84)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.012 - Requirements for adoption effective for petitions filed on or after August 28, 1997.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 1997
453.012. Requirements for adoption effective for petitions filed on or after August 28, 1997. —
The provisions of sections 192.016, 193.125, 210.109, 210.491, 211.444, and 211.447, sections
*
453.005, 453.010, 453.014, 453.015, 453.025, 453.026, 453.030, 453.040, 453.060, 453.065, 453.070, 453.073, 453.075, 453.077, 453.080, 453.110, 453.112, and 453.170 and section
**
568.175 shall apply to petitions for adoption filed on or after August 28, 1997.
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(L. 1997 H.B. 343 § 1)
*Word "sections" does not appear in original rolls.
**Word "section" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.014 - Who may place minor for adoption — rules and regulations, authority.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 2021, 2 histories
453.014. Who may place minor for adoption — rules and regulations, authority. —
1. The following persons may place a minor for adoption:
(1) The children's division of the department of social services;
(2) A child placing agency licensed pursuant to sections 210.481 to 210.536;
(3) The child's parents, without the direct or indirect assistance of an intermediary, in the home of a relative of the child within the third degree;
(4) An intermediary, which shall include an attorney licensed pursuant to chapter 484; a physician licensed pursuant to chapter 334; or a clergyman of the parents.
2. All persons granted the authority to place a minor child for adoption as designated in subdivision (1), (2) or (4) of subsection 1 of this section shall comply with the rules and regulations promulgated by the children's division of the department of social services for such placement.
3. The children's division of the department of social services shall promulgate rules and regulations regarding the placement of a minor for adoption.
4. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1989 H.B. 51, A.L. 1997 H.B. 343, A.L. 2014 H.B. 1299 Revision, A.L. 2021 H.B. 429)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.015 - Definitions.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 2018, 2 histories
453.015. Definitions. —
As used in sections 453.010 to 453.400, the following terms mean:
(1)
"Minor"
or
"child"
, any person who has not attained the age of eighteen years or any person in the custody of the children's division who has not attained the age of twenty-one;
(2)
"Parent"
, a birth parent or parents of a child, including the putative father of the child, as well as the husband of a birth mother at the time the child was conceived, or a parent or parents of a child by adoption. The putative father shall have no legal relationship unless he has acknowledged the child as his own by affirmatively asserting his paternity;
(3)
"Post adoption contact agreement"
, a voluntary written agreement executed by one or both of a child's birth parents and each adoptive parent describing future contact between the parties to the agreement and the child; provided, that such agreement shall be approved by the court under subsection 4 of section 453.080;
(4)
"Putative father"
, the alleged or presumed father of a child including a person who has filed a notice of intent to claim paternity with the putative father registry established in section 192.016 and a person who has filed a voluntary acknowledgment of paternity pursuant to section 193.087;
(5)
"Stepparent"
, the spouse of a biological or adoptive parent. The term does not include the state if the child is a ward of the state. The term does not include a person whose parental rights have been terminated.
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(L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918, A.L. 2014 H.B. 1299 Revision, A.L. 2018 S.B. 819)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.020 - Petition — guardian ad litem appointed — fee, deposit in putative father registry fund.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 2005, 2 histories
453.020. Petition — guardian ad litem appointed — fee, deposit in putative father registry fund. —
1. The petition for adoption shall state:
(1) The name, sex and place of birth of the person sought to be adopted;
(2) The name of his parents, if known to the petitioner;
(3) If the person sought to be adopted is a minor, the fact that petitioner has the ability to properly care for, maintain and educate such person; and
(4) If it is desired to change the name of such person, the new name.
2. The petition for adoption shall include payment of a fifty dollar filing fee which shall be used to fund the putative father registry established pursuant to section 192.016.
3. All fees provided for in this section shall be deposited in the putative father registry fund. Notwithstanding the provisions of section 33.080 to the contrary, money in the fund shall not be transferred and placed to the credit of general revenue at the end of the biennium, but shall be used upon appropriation by the general assembly for the purpose of carrying out the provisions of this chapter.
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(RSMo 1939 § 9612, A.L. 1947 V. II p. 213, A.L. 1959 H.B. 384, A.L. 1982 H.B. 1171, et al., A.L. 1985, H.B. 366, et al., A.L. 2004 H.B. 1453, A.L. 2005 S.B. 21)
Prior revisions: 1929 § 14077; 1919 § 1099
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 453 - Adoption and Foster Care › Section 453.025 - Appointment of guardian ad litem, when — fee — duties of guardian ad litem.

Title XXX DOMESTIC RELATIONS
Chapter 453
• Effective - 28 Aug 2004
453.025. Appointment of guardian ad litem, when — fee — duties of guardian ad litem. —
1. The court shall, in all cases where the person sought to be adopted is under eighteen years of age, appoint a guardian ad litem, if not previously appointed pursuant to section 210.160, to represent the person sought to be adopted.
2. When the parent is a minor or incompetent, the court shall appoint a guardian ad litem to represent such parent.
3. The guardian ad litem may be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513.
4. The guardian ad litem shall:
(1) Be the legal advocate for the best interest of the party he is appointed to represent with the power and authority to cross-examine, subpoena witnesses, and offer testimony;
(2) Initiate an appeal of any disposition that he determines to be adverse to the interests of the party he represents; and
(3) Ascertain the child's wishes, feelings and attitudes regarding the adoption by interviewing persons with knowledge of the child, and if appropriate, to meet with the child.
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(L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)