Information to be submitted to court
When someone goes to court over child custody, they have to share certain information in their first court papers. This includes where the child lives now, where the child has lived in the last five years, and who the child has lived with. A person also has to say if there are any other court cases that could affect the custody case, and if anyone else is claiming custody or visitation rights. If a person believes sharing this information could put someone's safety at risk, they can ask the court to keep it private.
452.780. to be submitted to court. — 1. Subject to local law providing for the of procedures, addresses, and other , in a each , in its first or in an attached , shall give information, if reasonably , as to the child's present address, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during such period. The pleading or affidavit shall state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other concerning the of or with the child and, if so, identify the court, case number of the proceeding and date of the , if any;
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for and proceedings relating to , , , and adoptions and, if so, identify the court and case number and nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has of the child or rights of or physical custody of, or visitation with, the child and, if so, the names and addresses of such persons.
2. If the information required by 1 of this section is not furnished, the court, upon its own or that of a party, may until the information is furnished.
3. If the declaration as to any of the items described in (1) to (3) of subsection 1 of this section is in the , the shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters to the court's and the of the case.
4. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
5. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be put at risk by the disclosure of identifying information, that information shall be and not disclosed to the other party or the public unless the court orders the disclosure to be made after a in which the court takes into the health, safety, or liberty of the party or child and that the disclosure is in the .
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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.