Section 18.9 Temporary Child Custody

• Library: Family Law Deskbook and 2014 Supp

E. (§18.9) Temporary Child Custody

It is often necessary in a dissolution action to move the court for a PDL order establishing child custody rights and providing a specific parenting plan for the parties. Missouri law outlines certain guidelines and restrictions effective immediately upon the filing of a dissolution action that affect custody rights before trial. Section 452.310, RSMo Supp. 2011. The children immediately come under the jurisdiction of the court in which the petition is filed, and custody may not be removed from any parent with whom the children have resided for the 60 days immediately preceding the filing. Section 452.310.3. In addition, each party must submit
a parenting plan within 30 days of service or entry of appearance; the plan must include very specific information regarding custodial arrangements for the children. Section 452.310.8. See Chapter 8 of this deskbook.

The trial court is authorized under § 452.380, RSMo 2000, to enter a temporary custody order pending the final resolution of a dissolution action. In addition, § 452.310.9 specifically states that a court “shall enter a temporary order” (emphasis added) if requested by either party, after opportunity for both parties to be heard, if the parenting plans conflict or if a party fails to file one. This section not only provides more statutory authority for the court to enter a temporary order pending a dissolution action, it mandates that the order contain a parenting plan.

The court has broad discretion in...