Appearance of parties and child
A court can order people involved in a child custody case to show up in person. If it helps the child, the court can also order the child to be brought to court. If someone lives in another state, the court can tell them to come too, and may make the other side pay for their travel costs if that seems fair. The court can appoint a special lawyer called a guardian ad litem to look out for the child's interests — and must appoint one if abuse or neglect is part of the case. Each side gets one free chance to remove that guardian ad litem, and the court decides a fair fee for them. The court can also make any orders needed to keep the child and others safe.
452.785. Appearance of parties and child. — 1. The court may any to the who is in this state to appear before the court personally. If the court finds the physical presence of the child to be in the , the court may order that the party who has of the child to appear physically with the child.
2. If a party to a whose presence is desired by the court is outside this state, with or without the child, the court may order that a notice given under section 452.762 include a statement directing the party to appear personally with or without the child.
3. If a party to the proceeding who is outside this state is directed to appear under 1 of this section or desires to appear personally before the court with or without the child, the court may require another party to pay to the travel and other necessary expenses of the party so appearing and of the child, if this is just and proper under the circumstances.
4. If the court finds it to be in the best interest of the child that a be appointed, the court may appoint a guardian ad litem for the child. The guardian ad litem so appointed shall be an attorney licensed to practice law in the state of Missouri. of a guardian ad litem shall be ordered in any legal proceeding under this chapter upon the of a written by any party within ten days of appointment. Each party shall be entitled to one disqualification of a guardian ad litem appointed under this subsection in each proceeding, except a party may be entitled to additional disqualifications of a guardian ad litem for . The guardian ad litem may, for the purpose of determining of the child only, participate in the proceeding as if such guardian ad litem were a party. The court shall enter allowing a reasonable fee to the guardian ad litem.
5. The court shall appoint a guardian ad litem in any proceeding in which child or is alleged.
6. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 2009 H.B. 481)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.