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Family & Custody
RSMo 452.410effective 28 Aug 2021

Custody, decree, modification of, when

In plain English

A court will not change a child custody order unless two things are true: something has changed in the child's life or the parent's life since the last order, and changing the order is what is best for the child. If a parent asks to change a shared custody arrangement, each parent has the right to request a different judge for that case.

Word-for-word law

452.410. , , of, when. — 1. Except as provided in 2 of this section, the court shall not a prior unless it has under the 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 and that the modification is necessary to serve the . any other of this section or sections 452.375 and 452.400 to the contrary, any custody entered by any court in this state or any other state may, subject to requirements, be to allow for or only in accordance with section 452.375, 452.400, 452.402, or 452.403.

2. If either parent files a to modify an of or , each shall be entitled to a change of judge as provided by supreme court .

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Source & history notes

(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) 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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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 452.410: Custody, decree, modification of, when | KnowMo Laws