452.410. Custody, decree, modification of, when. - Missouri Statutes

Custody, decree, modification of, when.

452.410. 1. Except as provided in subsection 2 of thissection, the court shall not modify a prior custody decree unlessit has jurisdiction under the provisions of section 452.450 andit finds, upon the basis of facts that have arisen since theprior decree or that were unknown to the court at the time of theprior decree, that a change has occurred in the circumstances ofthe child or his custodian and that the modification is necessaryto serve the best interests of the child. Notwithstanding anyother provision of this section or sections 452.375 and 452.400,any custody order entered by any court in this state or any otherstate prior to August 13, 1984, may, subject to jurisdictionalrequirements, be modified to allow for joint custody inaccordance with section 452.375, without any further showing.

2. If either parent files a motion to modify an award ofjoint legal custody or joint physical custody, each party shallbe entitled to a change of judge as provided by supreme courtrule.

(L. 1973 H.B. 315 § 23, A.L. 1978 H.B. 914, A.L. 1984 H.B. 1513, A.L. 1990 H.B. 1370, et al.)

CROSS REFERENCE:

Court may transfer custody if custodial parent, without good cause, fails to honor visitation order, RSMo 452.340

(1976) In motion to modify child custody decree under this section, it is not necessary to wait for manifestations of harmful consequences before action is taken. L.H.Y. v. J.M.Y. (A.), 535 S.W.2d 304.

(1978) Court may not modify original dissolution decree vesting custody on stipulation of partner, but must conduct hearing and make findings required in best interests of child. Fleming v. Fleming (A.), 562 S.W.2d 168.

(2007) Change in circumstances need not be substantial for modification of custody to accommodate changes of scheduling parenting time between mother and father. Russell v. Russell, 210 S.W.3d 191 (Mo.banc).