Section 9.24 Supervised Visitation

• Library: Family Law Deskbook and 2014 Supp

A. (§9.24) Supervised Visitation

Under §§ 452.400.1(1) and 452.375.2(6), RSMo Supp. 2011, when determining visitation rights and custody, respectively, the court is to consider evidence of domestic violence. Before a trial court can restrict the noncustodial parent’s visitation rights, it must make a finding that the child’s emotional development will be impaired or that the child is in physical danger. Buschardt v. Jones, 998 S.W.2d 791, 799 (Mo. App. W.D. 1999).

A finding of domestic violence, however, does not necessarily preclude awarding any visitation or custody to that parent. See Gant v. Gant, 892 S.W.2d 342 (Mo. App. W.D. 1995). If domestic violence has occurred, “the court shall make specific findings of fact to show that the custody or visitation arrangement ordered by the court best protects the child and the parent or other family or household member who is the victim of domestic violence” or abuse. Sections 452.375.13 and 452.400.1(3). If the court makes a finding of domestic violence, it is required to make an entry of findings of fact as to the basis of the decision on child custody and visitation and the safety and welfare of the affected family, regardless of who is awarded primary custody. But see Bedwell v. Bedwell, 51 S.W.3d 39, 42 (Mo. App. W.D. 2001), in which the parties denied allegations of abusing each other. Because there was not substantial evidence to support a finding of domestic violence, no specific finding of fact was needed as required by § 452.375.13. Bedwell, 51 S.W.3d 39.

In 2004 and 2005, much of the language from §§ 452.375.3 and 452.400.1 was amended to prevent courts from awarding unsupervised visitation to a parent or any person residing with the parent found guilty of certain felony offenses when a child was the victim. Further, in 2004, § 452.375.10 was amended to include “any child” who was a victim of the noncustodial parent’s violence and not just the child in question.

Under § 452.400.1(2)(a) and (b), the court cannot grant visitation to a parent who has been found guilty or pleaded guilty to:

a. A felony violation of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100, 566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215;

b. A violation of section 568.020;

c. A violation of subdivision (2) of subsection 1 of section 568.060;

d. A violation of section 568.065;

e. A violation of section 568.080;

f. A violation of section 568.090; or

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