Effective - 28 Aug 2009
452.423. Guardian ad litem appointed, when, duties — disqualification, when — fees. — 1. In all proceedings for child custody or for dissolution of marriage or legal separation where custody, visitation, or support of a child is a contested issue, the court may appoint a guardian ad litem. Disqualification of a guardian ad litem shall be ordered in any legal proceeding only pursuant to this chapter, upon the filing of a written application by any party within ten days of appointment, or within ten days of August 28, 1998, if the appointment occurs prior to August 28, 1998. 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.
2. The court shall appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged.
3. The guardian ad litem shall:
(1) Be the legal representative of the child at the hearing, and may examine, cross-examine, subpoena witnesses and offer testimony;
(2) Prior to the hearing, conduct all necessary interviews with persons having contact with or knowledge of the child in order to ascertain the child's wishes, feelings, attachments and attitudes. If appropriate, the child should be interviewed;
(3) Request the juvenile officer to cause a petition to be filed in the juvenile division of the circuit court if the guardian ad litem believes the child alleged to be abused or neglected is in danger.
4. The appointing judge shall require the guardian ad litem to faithfully discharge such guardian ad litem's duties, and upon failure to do so shall discharge such guardian ad litem and appoint another. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.
5. The guardian ad litem shall be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may:
(1) Issue a direct payment order to the parties. If a party fails to comply with the court's direct payment order, the court may find such party to be in contempt of court; or
(2) 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.
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(L. 1988 H.B. 1272, et al., A.L. 1990 H.B. 1370, et al., A.L. 1996 S.B. 869, A.L. 1998 S.B. 910, A.L. 2004 H.B. 1453 merged with S.B. 1211, A.L. 2009 H.B. 481)
(2000) Section allowing party to custody or visitation proceeding to disqualify one guardian ad litem as matter of right is constitutional. Suffian v. Usher, 19 S.W.3d 130 (Mo.banc).
Structure 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 452.230 - 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 452.311 - Petition for dissolution filed when, requirements.
Section 452.317 - Termination of insurance prohibited, when.
Section 452.318 - Counseling for minor children ordered, when, costs.
Section 452.330 - Disposition of property and debts, factors to be considered.
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 452.346 - Medical assistance documentation provided, when.
Section 452.354 - Modification of child support, attorney fees awarded to state, when.
Section 452.365 - Party failing to comply with decree, effect of.
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 452.380 - Temporary custody, motion for — dismissal of action, effect of.
Section 452.385 - Child's wishes as to custodian, how determined.
Section 452.404 - Neutral location for exchange of children, when.
Section 452.410 - Custody, decree, modification of, when.
Section 452.411 - Change of residence deemed grounds for modification of custody, when.
Section 452.415 - When sections 452.300 to 452.415 shall apply.
Section 452.420 - Proceedings to be heard by circuit judge — exception.
Section 452.423 - Guardian ad litem appointed, when, duties — disqualification, when — fees.
Section 452.426 - Risk of international abduction, court may impose restrictions and restraints.
Section 452.552 - Surcharge collected, when, use.
Section 452.554 - Domestic relations resolution fund established, use.
Section 452.556 - Handbook, contents, availability.
Section 452.605 - Court shall order parties to action and may order children to attend, when.
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 452.905 - 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.