Section 9.1 Custody Options

• Library: Family Law Deskbook and 2014 Supp

I. (§9.1) Custody Options

Section 452.310, RSMo Supp. 2011, sets out what information is required in a petition for dissolution, which includes the name, date of birth, and addresses of each child, as well as the last four digits of their Social Security number and the name of the parent “with whom each child has primarily resided for the sixty days immediately preceding the filing of the petition.” Section 452.310.2. The petition should allege whether the wife is pregnant and any arrangements for custody, support, and maintenance. Section 452.310.2(5) and (7). “The mere fact that one parent has actual possession of the child at the time of filing shall not create a preference in favor of such parent in any judicial determination regarding custody of the child.” Section 452.310.4.

The respondent’s answer must be filed within 30 days of the date of service and must include the last four digits of the Social Security number of the petitioner, respondent, and each child and any arrangements as to the custody and support of the child. Section 452.310.5.

When the petition is filed, “each child shall immediately be subject to the jurisdiction of the court in which the proceeding is commenced, unless a proceeding involving allegations of abuse or neglect of the child is pending in juvenile court.” Section 452.310.3. Neither parent can “remove any child from the jurisdiction of the court or from any parent with whom the child has primarily resided for the sixty days immediately preceding the filing” of the dissolution until permitted by order of the court. Id.

When the court has jurisdiction, it is mandatory for the court to provide for the custody of any minor dependent children, even if the minor child does not reside with either parent—e.g., if the minor child lives on a college campus. Monsees v. Monsees, 908 S.W.2d 812 (Mo. App. W.D. 1995) (citing Rich v. Rich, 871 S.W.2d 618 (Mo. App. E.D. 1994)); see also Scruggs v. Scruggs, 161 S.W.3d 383 (Mo. App. W.D. 2005) (citing Monsees).

Section 452.310.8 requires that both the petitioner and the respondent “submit a proposed parenting plan, either individually or jointly, within thirty days after service of process or the filing of the entry of appearance, whichever event first occurs of a motion to modify or a petition involving custody or visitation issues.” Counsel should review rules for the deadline to file a parenting plan. “The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children.” Id. The proposed parenting plan should include specific written plans detailing:

· “the custody, visitation and residential time for each child with each party”;

· “how the decision-making rights and responsibilities will be shared between the parties”; and

· “[h]ow the expenses of the child . . . will be paid.”

See § 452.310.8(1)–(3) for specific requirements.

A parenting plan is not required for children over the age of 18 years, but filing a parenting plan for a child over the age of 18 years is not precluded if the court orders the...