Section 26.25 Change in Custody

• Library: Family Law Deskbook and 2014 Supp

B. (§26.25) Change in Custody

In reviewing a modification of custody case, counsel should first look to § 452.375.2, RSMo Supp. 2011, for the factors courts consider in the custody determination. Counsel should also review § 452.410, RSMo 2000, the specific statute pertaining to modification of custody. It is important for counsel to recognize that this statute provides that the facts relevant to a modification are only those facts that have arisen since the entry of a prior decree or order or that were unknown to the court at the time of the prior decree.

In summary, counsel should ascertain, as mandated by the above-mentioned statutes, whether:

there has been a continuing and substantial change in circumstances to warrant a modification of custody;

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