Section 59 Generally

• Library: Juvenile Law 2011

The neglect or abuse issue often arises in dissolution proceedings or on later motions to modify dissolution orders. Under § 452.375, RSMo Supp. 2010, the court determining custody must consider all relevant factors in light of the best interests of the child, including whether one or both parents have abused or neglected the child.

As discussed in §6.41 above, rates of reported child sexual abuse seem to be about six times higher nationally in families involved in custody disputes than in the general population. Accusing parents may frequently believe, or may sometimes even be advised by professionals or counsel, that they may withhold court‑ordered visitation and custody from the allegedly abusive parent. Typically, the parent denied custody will move for a contempt order. In A.G. v. R.M.D., 730 S.W.2d 543 (Mo. banc 1987), the Court held that contempt lies when a custodial parent withholds...