Missouri Revised Statutes
Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
Section 452.410 - Custody, decree, modification of, when.

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).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXX - Domestic Relations

Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

Section 452.025 - Verified pleadings, form and content.

Section 452.075 - Remarriage of former spouse ends alimony.

Section 452.080 - Decree for alimony — a lien, when.

Section 452.110 - Decree as to alimony only subject to review.

Section 452.130 - Spouse abandoned, court to adjudge maintenance — execution to enforce.

Section 452.140 - No property exempt from attachment or execution, when.

Section 452.150 - Services and earnings of unmarried minor children — custody and control of.

Section 452.160 - Father and mother, parent, child, defined — how construed.

Section 452.170 - Petition for enjoyment of spouse's separate estate, when.

Section 452.180 - Circuit court may make decree.

Section 452.190 - Authorization by court to sell property.

Section 452.200 - Married person enjoined from squandering property at suit of spouse.

Section 452.210 - Court may authorize persons holding money of married person to pay spouse.

Section 452.220 - Married person entitled to proceeds of earnings of his or her minor children, when.

Section 452.230 - Proceeds used for support of himself or herself and family.

Section 452.240 - Filing of petition, proceedings.

Section 452.250 - Proceedings on such petition — appeal allowed, when and where.

Section 452.300 - Procedure and venue.

Section 452.305 - Judgment of dissolution, grounds for — legal separation, when — judgments to contain Social Security numbers.

Section 452.310 - Petition, contents — service, how — rules to apply — defenses abolished — parenting plans submitted, when, content, exception.

Section 452.311 - Petition for dissolution filed when, requirements.

Section 452.312 - Parties' current employers and Social Security numbers to be contained in certain pleadings and decrees.

Section 452.314 - Guardian for incapacitated person may file for dissolution or separation if ward is a victim of spousal abuse.

Section 452.315 - Authorized motions — restraining order, when, answer, when due, effect of — child support, temporary order, when, amount.

Section 452.317 - Termination of insurance prohibited, when.

Section 452.318 - Counseling for minor children ordered, when, costs.

Section 452.320 - Finding that marriage is irretrievably broken, when — notice — denial by a party, effect of — alternate findings.

Section 452.325 - Separation agreements authorized, effect of — orders for disposition of property, when — terms of agreement, how enforced.

Section 452.330 - Disposition of property and debts, factors to be considered.

Section 452.335 - Maintenance order, findings required for — termination date, may be modified, when.

Section 452.340 - Child support, how allocated — factors to be considered — abatement or termination of support, when — support after age eighteen, when — public policy of state — payments may be made directly to child, when — child support guideline...

Section 452.341 - Obligor may request affidavit, when — cause of action for failure to execute, when — false affidavit, penalty.

Section 452.342 - Summary of expenses paid on behalf of child, required when.

Section 452.343 - All judgments and orders shall contain the parties' Social Security numbers.

Section 452.344 - Support obligations, bond or other guarantee to secure, when required, procedure — default, effect of.

Section 452.345 - Maintenance or support payments to circuit clerk or family support payment center, when — procedure — duties of parties — failure to pay, circuit clerk duties.

Section 452.346 - Medical assistance documentation provided, when.

Section 452.347 - Notice of a child support establishment or modification proceeding, when — copy of the order provided, when.

Section 452.350 - Withholding of income, voluntary or court may order, when, when effective — hearing, when — employer, duties, liabilities, fee — discharge or discipline of employee because of a withholding notice prohibited, penalty — civil contemp...

Section 452.354 - Modification of child support, attorney fees awarded to state, when.

Section 452.355 - Allocation of cost of action and attorney fees by court — actions for failure to pay child support, reasonable costs and attorney fees to be paid by obligor, when — definitions.

Section 452.360 - Judgment of dissolution or legal separation final when entered — appeal, effect of — distribution of property final — conversion of judgment of legal separation to dissolution, when — notice, to whom.

Section 452.365 - Party failing to comply with decree, effect of.

Section 452.370 - Modification of judgment as to maintenance or support, when — termination, when — rights of state when an assignment of support has been made — court to have continuing jurisdiction, duties of clerk, clerk to be "appropriate agent",...

Section 452.371 - Declining jurisdiction in a modification proceeding, when.

Section 452.372 - Mandatory educational sessions, when — alternative dispute resolution, when.

Section 452.374 - Paternity proceedings stayed for rape charges against putative father.

Section 452.375 - Custody — definitions — factors determining custody — prohibited, when — public policy of state — custody options — findings required, when — parent plan required — access to records — joint custody not to preclude child support — s...

Section 452.376 - Noncustodial parent's right to receive child's school progress reports — administrative fees to be set by school, when — exclusion of address of custodial parent, when.

Section 452.377 - Relocation of child by parent for more than ninety days, required procedure — violation, effect — notice of relocation of parent, required procedure.

Section 452.380 - Temporary custody, motion for — dismissal of action, effect of.

Section 452.385 - Child's wishes as to custodian, how determined.

Section 452.390 - Investigation and report on custodial arrangements for a child — how conducted — report due, when — material to be available to counsel and parties.

Section 452.395 - Custody proceedings, priority of — judge to determine law and fact — secrecy, when.

Section 452.400 - Visitation rights, awarded when — history of domestic violence, consideration of — prohibited, when — modification of, when — supervised visitation defined — noncompliance with order, effect of — family access motions, procedure, pe...

Section 452.402 - Grandparent's visitation rights granted, when — guardian ad litem appointed, when — termination upon adoption — attorney fees and costs assessed, when.

Section 452.403 - Grandparent denied visitation, court may order mediation upon written request, purpose — costs — venue — termination of mediation, when.

Section 452.404 - Neutral location for exchange of children, when.

Section 452.405 - Custodian to determine child's upbringing, exception — continued supervision, when.

Section 452.410 - Custody, decree, modification of, when.

Section 452.411 - Change of residence deemed grounds for modification of custody, when.

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.

Section 452.413 - Military deployment, child custody and visitation, effect of — nondeploying parent requirements — procedure — failure to comply, effect of.

Section 452.415 - When sections 452.300 to 452.415 shall apply.

Section 452.416 - Parent's change in income due to military service, effect on order of child support — director of division, duties.

Section 452.420 - Proceedings to be heard by circuit judge — exception.

Section 452.423 - Guardian ad litem appointed, when, duties — disqualification, when — fees.

Section 452.425 - Sheriff or law enforcement to enforce custody and visitation orders, when — limitations.

Section 452.426 - Risk of international abduction, court may impose restrictions and restraints.

Section 452.430 - Availability of certain records — limitation on inspection of certain documents — redaction of Social Security numbers.

Section 452.552 - Surcharge collected, when, use.

Section 452.554 - Domestic relations resolution fund established, use.

Section 452.556 - Handbook, contents, availability.

Section 452.600 - Educational sessions program shall be established by courts — for proceedings involving custody or support.

Section 452.605 - Court shall order parties to action and may order children to attend, when.

Section 452.607 - Confidentiality of facts obtained at sessions not considered in adjudication, exception.

Section 452.610 - Cost of educational session, amount.

Section 452.700 - Short title.

Section 452.705 - Definitions.

Section 452.710 - Proceedings governed by other law.

Section 452.715 - Application to Indian tribes.

Section 452.720 - International application of act.

Section 452.725 - Appearance and limited immunity.

Section 452.730 - Communication between courts.

Section 452.735 - Cooperation between courts — preservation of records.

Section 452.740 - Initial child custody jurisdiction.

Section 452.745 - Exclusive, continuing jurisdiction.

Section 452.747 - Verified petition — service of process.

Section 452.750 - Jurisdiction to modify determination.

Section 452.755 - Temporary emergency jurisdiction.

Section 452.760 - Notice — opportunity to be heard — joinder.

Section 452.762 - Notice for exercise of jurisdiction.

Section 452.765 - Simultaneous proceedings.

Section 452.770 - Inconvenient forum.

Section 452.775 - Jurisdiction declined by reason of conduct.

Section 452.780 - Information to be submitted to court.

Section 452.782 - Joinder of a party.

Section 452.785 - Appearance of parties and child.

Section 452.790 - Effect of child custody determination.

Section 452.795 - Full faith and credit.

Section 452.800 - Modification of another court's determination.

Section 452.805 - Filing of certified copy of custody decree.

Section 452.810 - Registration of child custody determination.

Section 452.815 - Forwarding copies of decrees.

Section 452.820 - Testimony of witnesses.

Section 452.825 - Request for another court to hold hearing.

Section 452.830 - Appearance at hearing.

Section 452.835 - Preservation of documents.

Section 452.840 - Transfer of transcripts and documents.

Section 452.845 - Priority of jurisdictional question.

Section 452.850 - Definitions.

Section 452.855 - Temporary visitation.

Section 452.860 - Enforcement of registered determination.

Section 452.865 - Simultaneous proceeding.

Section 452.870 - Expedited enforcement of child custody determination.

Section 452.875 - Service of petition and order.

Section 452.880 - Hearing and order.

Section 452.885 - Warrant to take physical custody of child.

Section 452.890 - Costs, fees, and expenses.

Section 452.895 - Recognition and enforcement.

Section 452.900 - Appeals.

Section 452.905 - Role of prosecutor or public official.

Section 452.910 - Role of law enforcement.

Section 452.915 - Costs and expenses.

Section 452.920 - Application and construction.

Section 452.925 - Severability clause.

Section 452.930 - Transitional provision.