Section 24 Child Custody Proceedings

• Library: Remedies 2006

Traditionally, custody of a minor child may be determined by habeas corpus proceedings. Rule 91.01; In re Cook, 691 S.W.2d 243, 245 (Mo. banc 1985). Of course, there are numerous other proceedings in which to determine custody, including:

• juvenile court proceedings
• dissolution proceedings; and
• probate proceedings

When habeas corpus is used, it becomes a proceeding of equitable nature in which the rights of the parties are measured in terms of the child’s welfare. In re L. G., 502 S.W.2d 33, 34 (Mo. App. E.D. 1973). The typical situation in which habeas corpus could be used is when the issue of custody arises between a natural parent and another person having custody of the child either with or...