Section 9.23 Visitation

• Library: Family Law Deskbook and 2014 Supp

VI. (§9.23) Visitation

“A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child’s physical health or impair his or her emotional development.” Section 452.400.1(1), RSMo Supp. 2011. It is the public policy of the state of Missouri, as found by the General Assembly, that frequent, continuing, and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interests of the child as is the policy to encourage parents to participate in decisions affecting the health, education, and welfare of their children. Section 452.375.4, RSMo Supp. 2011.

Therefore, if the custodial parent opposes the noncustodial parent’s visitation, the custodial parent has the burden of proving that the visitation is contrary to the child’s best interests. Bacon v. Bacon, 670 S.W.2d 594, 596 (Mo. App. E.D. 1984).

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