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Family & Custody
RSMo 452.705effective 28 Aug 2009

Definitions

In plain English

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.

Word-for-word law

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.

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Source & history notes

(L. 2009 H.B. 481)

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

RSMo 452.705: Definitions | KnowMo Laws