Section 9.28 Interview of a Child
Library | Family Law Deskbook and 2014 Supp |
IX. (§9.28) Interview of a Child
Under § 452.385, RSMo 2000, the court may interview the child in chambers to ascertain the child’s custodial wishes. “The court shall permit counsel to be present at the interview and to participate therein. The court shall cause a record of the interview to be made and to be made part of the record in the case.” Id. Even an agreement by all parties to waive the record is not sufficient, and it is reversible error if no record is made. Allen v. Lowry, 887 S.W.2d 813 (Mo. App. E.D. 1994).
If the judge conducts an unrecorded interview and the case is later remanded, the judge, under what is now Rule 2.03, Canon 3E, must recuse himself or herself from further proceedings in the case. In re Marriage of...
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- Section 9.1 Custody Options
- Section 9.2 Legal Custody
- Section 9.3 Physical Custody
- Section 9.4 Custody to Third Parties
- Section 9.5 Generally
- Section 9.6 Temporary Orders and Child Protection Orders Act
- Section 9.7 Factors for the Court
- Section 9.8 Statutory Factors
- Section 9.9 Best Interests of the Child
- Section 9.10 Stability
- Section 9.11 Parenting Skills
- Section 9.12 Moral Fitness
- Section 9.13 Adultery and Sexual Misconduct
- Section 9.14 Cohabitation
- Section 9.15 Parents in Same-Sex Relationships
- Section 9.16 Drugs and Alcohol
- Section 9.17 Attempted Alienation of the Child
- Section 9.18 Religious Beliefs
- Section 9.19 Custodial Preference of the Child
- Section 9.20 Generally
- Section 9.21 Virtual Visitation
- Section 9.22 Separating Children
- Section 9.23 Visitation
- Section 9.24 Supervised Visitation
- Section 9.25 Grandparent Visitation
- Section 9.26 Home Studies
- Section 9.27 Guardian ad Litem
- Section 9.28 Interview of a Child
- Section 9.29 Psychological Testimony and Mental Examination
- Section 9.30 Special Master
- Section 9.31 Custody and Visitation Rights of Illegitimate Children
- Section 9.32 Missouri
- Section 9.33 Other States
- Section 9.34 Generally
- Section 9.35 Standard for Modification
- Section 9.36 Generally
- Section 9.37 Parental Kidnapping Prevention Act
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