Services and earnings of unmarried minor children
When parents live apart and are not divorced, neither the father nor the mother automatically has more rights than the other over their unmarried minor children. A court can step in and decide who gets to make decisions about the children, their work, their money, and their property. Until a court decides, whichever parent the children are actually living with has full say over those things.
452.150. Services and earnings of unmarried — of. — The father and mother living apart are entitled to an by the as to their powers, rights and duties in pect to the custody and control and the services and earnings and management of the property of their unmarried minor children without any preference as between the said father and mother, and neither the father nor the mother has any right to that of the other in respect to the custody and control or the services and earnings or of the management of the property of their said unmarried minor children; pending such adjudication the father or mother who actually has the custody and control of said unmarried minor children shall have the sole right to the custody and control and to the services and earnings and to the management of the property of said unmarried minor children.
(RSMo 1939 § 1526, A.L. 1998 S.B. 910)
Prior revisions: 1929 § 1362; 1919 § 1813
of parents necessary to adopt, 453.030 to 453.050
of children, on , 532.370
of custody of child prohibited, 453.110
(1953) Where divorce awarded custody of child to father and made no for by the mother, nor for keeping the child in this state, the removal of the child from the state by the father did not constitute . Middleton v. Tozer (A.), 259 S.W.2d 80.
(1953) On to decree as to custody of child, there must not only be of a change in conditions but it must be a change that would affect the interest of the child. Frams v. Black (A.), 259 S.W.2d 104.
(1954) In by divorced mother to recover amounts expended for support of child from its father, limitations must be computed from the time the and not from the date of last item in the account. Allen v. Allen, 364 Mo. 955, 270 S.W.2d 33.
(1957) Court of has inherent power to allow suit money to the mother in to obtain custody of child. I.... v. B.... (A.), 305 S.W.2d 713.
(1963) Where court makes no custody award in a divorce action, it is not in subsequent action for custody of children. R.... v. E.... (A.), 364 S.W.2d 821.
(1963) of in divorce action to make an ad interim with respect to the temporary custody of minor children pending the , upon and proof that their welfare is substantially endangered during that period, is not divested by the giving of the statutory . State ex re. Stone v. Ferris (Mo.), 369 S.W.2d 244.
(1968) The Missouri Supreme Court held that the proper construction of Missouri statutory relating to the obligations and rights of parents affords il children a right equal with that of legitimate children to require support by their fathers. Prior cases to the contrary were expressly overruled. R. . . . v. R. . . . (Mo.), 431 S.W.2d 152.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.