Missouri Laws 452.410 – Custody, decree, modification of, when
1. Except as provided in subsection 2 of this section, the court shall not modify a prior custody decree unless it has jurisdiction under the provisions of section 452.745 and it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child. Notwithstanding any other provision of this section or sections 452.375 and 452.400 to the contrary, any custody order entered by any court in this state or any other state may, subject to jurisdictional requirements, be modified to allow for joint custody or visitation only in accordance with section 452.375, 452.400, 452.402, or 452.403.
2. If either parent files a motion to modify an award of joint legal custody or joint physical custody, each party shall be entitled to a change of judge as provided by supreme court rule.
Terms Used In Missouri Laws 452.410
- Custody: means joint legal custody, sole legal custody, joint physical custody or sole physical custody or any combination thereof. See Missouri Laws 452.375
- Joint legal custody: means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. See Missouri Laws 452.375
- Joint physical custody: means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. See Missouri Laws 452.375
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020