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SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NOS.
SECOND REGULAR SESSION [PERFECTED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NOS.
2505 & 2044 103RD GENERAL ASSEMBLY 6301H.02C JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 452.375, RSMo, and to enact in lieu thereof one new section relating to the custody of children.
2505 & 2044 103RD GENERAL ASSEMBLY 6301H.02P JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 452.375, RSMo, and to enact in lieu thereof one new section relating to the custody of children.
Such presumption is rebuttable only by a preponderance of the evidence in accordance with all relevant factors, EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
Such presumption is EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
HCS HBs 2505 & 2044 2 including, but not limited to, the factors contained in subdivisions (1) to (8) of this subsection.
HCS HBs 2505 & 2044 2 rebuttable only by a preponderance of the evidence in accordance with all relevant factors, including, but not limited to, the factors contained in subdivisions (1) to (8) of this subsection.
(a) A felony violation of section 566.030, 566.031, 566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 566.203, 566.206, 566.209, 566.211, or 566.215;
HCS HBs 2505 & 2044 3 (a) A felony violation of section 566.030, 566.031, 566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 566.068, 566.083, 566.100, 566.101, 566.111, 566.151, 566.203, 566.206, 566.209, 566.211, or 566.215;
HCS HBs 2505 & 2044 3 (b) A violation of section 568.020;
(b) A violation of section 568.020;
(4) Sole custody to either parent;
HCS HBs 2505 & 2044 4 (4) Sole custody to either parent;
HCS HBs 2505 & 2044 4 (a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child, then custody, temporary custody or visitation may be awarded to a person related by consanguinity or affinity to the child with priority given to the grandparent or grandparents of the child.
(a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child, then custody, temporary custody or visitation may be awarded to a person related by consanguinity or affinity to the child with priority given to the grandparent or grandparents of the child.
Such plan may be a parenting plan submitted by the parties pursuant to section 452.310 or, in the absence thereof, a plan determined by the court, but in all cases, the custody plan approved and ordered by the court shall be in the court's discretion and shall be in the best interest of the child.
Such plan may be a parenting plan submitted by the parties pursuant to section 452.310 or, in the absence thereof, a plan determined by the court, but in all cases, the HCS HBs 2505 & 2044 5 custody plan approved and ordered by the court shall be in the court's discretion and shall be in the best interest of the child.
HCS HBs 2505 & 2044 5 10.
10.
Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing HCS HBs 2505 & 2044 6 party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.
Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good HCS HBs 2505 & 2044 6 cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.
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