Section 9.4 Custody to Third Parties

• Library: Family Law Deskbook and 2014 Supp

C. (§9.4) Custody to Third Parties

An award of custody to the parents of a minor child may not always be in the child’s best interest. Section 452.375.5(5), RSMo Supp. 2011, allows a court to award custody or visitation to a third party. The court must find “that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child.” Section 452.375.5(5)(a). This third party must be added as party to the action. Id.

In Walters v. Walters, 113 S.W.3d 214 (Mo. App. S.D. 2003), the court found that the father’s mother was never made a party, and no notice was given to the wife before the trial court authorized the father’s mother to exercise the father’s visitation rights. The Southern District reversed part of the judgment.

In Milone v. Duncan, 245 S.W.3d 297, 299 (Mo. App. W.D. 2008)...