452.423. Guardian ad litem appointed, when, duties--disqualification, when--fees. - Missouri Statutes

Guardian ad litem appointed, when, duties--disqualification,when--fees.

452.423. 1. In all proceedings for child custody or for dissolutionof marriage or legal separation where custody, visitation, or support of achild is a contested issue, the court may appoint a guardian ad litem.Disqualification of a guardian ad litem shall be ordered in any legalproceeding only pursuant to this chapter, upon the filing of a writtenapplication by any party within ten days of appointment, or within ten daysof August 28, 1998, if the appointment occurs prior to August 28, 1998.Each party shall be entitled to one disqualification of a guardian ad litemappointed under this subsection in each proceeding, except a party may beentitled to additional disqualifications of a guardian ad litem for goodcause shown.

2. The court shall appoint a guardian ad litem in any proceeding inwhich child abuse or neglect is alleged.

3. The guardian ad litem shall:

(1) Be the legal representative of the child at the hearing, and mayexamine, cross-examine, subpoena witnesses and offer testimony;

(2) Prior to the hearing, conduct all necessary interviews withpersons having contact with or knowledge of the child in order to ascertainthe child's wishes, feelings, attachments and attitudes. If appropriate,the child should be interviewed;

(3) Request the juvenile officer to cause a petition to be filed inthe juvenile division of the circuit court if the guardian ad litembelieves the child alleged to be abused or neglected is in danger.

4. The appointing judge shall require the guardian ad litem tofaithfully discharge such guardian ad litem's duties, and upon failure todo so shall discharge such guardian ad litem and appoint another. Thejudge in making appointments pursuant to this section shall give preferenceto persons who served as guardian ad litem for the child in the earlierproceeding, unless there is a reason on the record for not giving suchpreference.

5. The guardian ad litem shall be awarded a reasonable fee for suchservices to be set by the court. The court, in its discretion, may:

(1) Issue a direct payment order to the parties. If a party fails tocomply with the court's direct payment order, the court may find such partyto be in contempt of court; or

(2) Award such fees as a judgment to be paid by any party to theproceedings or from public funds. Such an award of guardian fees shallconstitute a final judgment in favor of the guardian ad litem. Such finaljudgment shall be enforceable against the parties in accordance withchapter 513, RSMo.

(L. 1988 H.B. 1272, et al., A.L. 1990 H.B. 1370, et al., A.L. 1996 S.B. 869, A.L. 1998 S.B. 910, A.L. 2004 H.B. 1453 merged with S.B. 1211, A.L. 2009 H.B. 481)

(2000) Section allowing party to custody or visitation proceeding to disqualify one guardian ad litem as matter of right is constitutional. Suffian v. Usher, 19 S.W.3d 130 (Mo.banc).