Section 9.17 Attempted Alienation of the Child

• Library: Family Law Deskbook and 2014 Supp

J. (§9.17) Attempted Alienation of the Child

Under § 452.375.2(4), RSMo Supp. 2011, or the “friendly parent provision,” the courts must consider which parent is more likely to allow the child frequent and meaningful contact with the other parent before making a custody determination. Evidence of one parent denying the other parent meaningful contact with the child is a proper factor for the trial court to consider in determining custody. Besancenez v. Rogers, 100 S.W.3d 118, 128 (Mo. App. E.D. 2003). The policy that underlies this provision is to ensure that children have frequent and meaningful contact with both parents after a separation or dissolution.

“A custodian’s denial of visitation rights to the non custodial parent can be a change in circumstances that may justify [a] modification of custody, ‘especially where the evidence shows an unjustified and flagrant pattern of willful denial of visitation.’” Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (quoting Searcy v. Seedorff, 8 S.W.3d 113, 118 (Mo. banc 1999)). This also applies to joint custody...