Definitions
This law gives the official meanings of words used in Missouri's rules about child custody across different states. It explains what counts as a 'child,' a 'custody order,' a 'home state,' and other key terms so everyone reading the law knows exactly what those words mean.
452.705. Definitions. — As used in sections 452.700 to 452.930:
(1) "" means left without for reasonable and necessary care or supervision;
(2) "Child" means an individual who has not attained eighteen years of age;
(3) "" means a , , or other of a court providing for the , , or with respect to a child. The term includes a permanent, temporary, initial, or order. The term shall not include an order relating to child support or other monetary obligation of an individual;
(4) "" means a in which legal custody, physical custody, or visitation with respect to a child is an . The term includes a proceeding for divorce, separation, , , dependency, , , , and protection from in which the issue may appear. The term shall not include a proceeding involving , , or under sections 452.850 to 452.915;
(5) "" means the of the first in a proceeding;
(6) "Court" means an under the law of a state to establish, , or a child custody determination;
(7) "Decree" or "" means a contained in a or order made in a , and includes an initial decree and a modification decree;
(8) "" means the state in which a child has lived with a parent or a person acting as a parent for at least six months immediately prior to the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child has lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of such period;
(9) "" means the first child custody determination concerning a particular child;
(10) "" means the court making a child custody determination for which enforcement is sought under sections 452.700 to 452.930;
(11) "" means the state in which a child custody determination is made;
(12) "" means a person, including a parent, grandparent, or stepparent, who a right to or visitation with respect to a child;
(13) "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous concerning the same child, whether or not it is made by the court that made the previous determination;
(14) "Person" includes government, a governmental , agency or , or any other legal or commercial entity;
(15) "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately prior to the commencement of a child custody proceeding; and
(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state;
(16) "Physical custody" means the physical care and supervision of a child;
(17) "State" means a state of the United States, the of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or subject to the of the United States;
(18) "" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Tap any gold-underlined word to see what it means.
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Source & history notes
(L. 2009 H.B. 481)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.