452.412. Military service of parent not to be a basis for modification of a visitation or custody order--limitations on issuance of certain court orders. - Missouri Statutes

Military service of parent not to be a basis for modification of avisitation or custody order--limitations on issuance of certaincourt orders.

452.412. 1. A party's absence, relocation, or failure to comply withcustody and visitation orders shall not, by itself, be sufficient tojustify a modification of a custody or visitation order if the reason forthe absence, relocation, or failure to comply is the party's activation tomilitary service and deployment out-of-state.

2. For a party in active military service and deployed out-of-state,any court order:

(1) Issued or modified regarding child custody or visitation duringthe time of such out-of-state military deployment of the party, includingas part of an entry of decree of dissolution of marriage or legalseparation, shall be temporary in nature and shall not exceed the length oftime of such deployment;

(2) Issued regarding ex parte adult or child orders of protectionunder sections 455.010 to 455.085, RSMo, or sections 455.500 to 455.538,RSMo, during the time of such out-of-state military deployment of theparty, may be extended beyond the initial fifteen days required undersections 455.040 and 455.516, RSMo. Such orders issued under thissubdivision shall be temporary in nature and shall not exceed the length oftime of such deployment.

Upon such party's return from out-of-state military deployment, the partyshall be given an opportunity to be heard on the child custody andvisitation order or ex parte order of protection prior to a permanent orderbeing entered by the court as to such issues. If the party in activemilitary service knowingly and voluntarily signs a written waiver to theright to have such a hearing upon the party's return from out-of-statemilitary deployment, the court may issue a permanent order on the issuesunder this section.

(L. 2008 H.B. 1678, A.L. 2009 H.B. 427)