452.385. Child's wishes as to custodian, how determined. - Missouri Statutes

Child's wishes as to custodian, how determined.

452.385. The court may interview the child in chambers toascertain the child's wishes as to his custodian and relevantmatters within his knowledge. The court shall permit counsel tobe present at the interview and to participate therein. Thecourt shall cause a record of the interview to be made and to bemade part of the record in the case.

(L. 1973 H.B. 315 § 18)

Effective 1-1-74

(1975) Held failure to allow counsel to be present and failure to make a record of judge's interview with children was reversible error. Duncan v. Duncan (A.), 528 S.W.2d 806.

(1976) Held that court order which directed in chambers interview record sealed and did not make it part of record on appeal was not arbitrary and appellant's failure to take steps to make record available bars his claim for relief. A.M.S. v. J.L.S. (A.), 544 S.W.2d 885.