SS#3/SCS/SB 51 - This act makes numerous modifications to the custody, visitation and child support provisions contained in Chapters 452 and 454, RSMo.

452.150 - A parent who has custody of a child at the time of filing a motion for separation shall not be entitled to a preference when custody and child support are adjudicated.

452.340.1 (5) - Language is added which allows the trial court to take into account physical and legal custody arrangements when awarding child support.

452.340.6 (new section number) - The public policy of the state is to assure children frequent, continuing and meaningful contact with both parents. Language is added equating the importance of enforcing child support, visitation and custody orders and requiring trial courts to enforce such orders equally.

Support and custody are two separate and distinct issues. Therefore, Section 452.340.6(2), which required that a noncustodial parent be current in payment of all support obligations before custody can be transferred or future support obligations can be modified, is deleted.

452.340.7 - The child support guidelines do not currently take into account a variety of important and relevant factors. Therefore, language was added which requires the Supreme Court to promulgate child support guidelines by July 1, 1998 under which: (1) explain the relevant factors used to develop the child support guidelines, including the amount of visitation or custody granted to the obligor; and (2) an award of child support is determined only after a decision on how all federal and state tax deductions, exemptions and credits associated with the child shall be apportioned between the parents.

452.340.8 - Recent case law {Taylor v. Taylor WD 50221, Scoggins v. Timmerman, 886 SW2d 139 (MO App. WD 1994), etc.} has held that the trial court does not have to make specific findings when an award of child support deviates from the guidelines. Language is inserted which requires the trial court to "detail the specific relevant factors that required a deviation from the application of the guidelines" upon request from one of the parties. This language should reduce the number of appeals that contest an award of child support.

452.355.1 - This section addresses awards of attorneys' fees. The "unless otherwise indicated" language was added to exempt the required award of attorneys' fees contained in proposed Sections 452.340.5 and 452.400.3 and 4. In addition, language was added which requires the trial court to take into account "the merits of the case and the actions of the parties" when awarding attorneys' fees.

452.370 et al - The wording "section 452.340" was added whenever Supreme Court rule 88.01, the child support guidelines rule, was referenced in Chapter 452, RSMo. This directs the trial court to take into account the language of the child support statute as well as the rule when making child support awards.

The specific reference to Supreme Court rule 88.01 was deleted because the recent federal welfare reform legislation will, in all likelihood, require additional Supreme Court rules which address child support issues such as license revocation.

Lastly, language was added to increase the monetary penalty assessed a custodial parent if such parent fails to promptly notify the other parent of a child's emancipation.

452.375.1 (2) - The language "frequent, continuing and meaningful contact" is added consistent with the policy stated in Chapter 452.

452.375.2 (7) - Current law allows the trial court to consider the issue of relocation when awarding custody if a parent wishes to relocate outside the State. A new standard is proposed which allows the trial court to take the issue of relocation within the state into account if the relocation is more than 50 miles from the child's current residence. See also Sections 452.377 and 452.411.

452.375.5 - In order to further Missouri's public policy of assuring "frequent and meaningful contact with both parents" after separation or divorce (see Sections 452.340.5 and 452.375.4), language was added which makes joint physical and joint legal custody a rebuttable legal presumption. The new language puts the burden of coming forward with evidence on the parent who opposes an award of joint physical and joint legal custody. If the court finds that joint physical and joint legal custody is not in the child's best interests, the court shall specify the child support arrangements that are in the child's best interests.

No preference may be given to either parent based upon that parent's sex except if a parent has had a sex change since the birth of the child, preference shall be given to the other parent.

452.375.8 - Currently, trial courts make custody awards that are in the best interests of the child. Language was added to this section that requires the "best interests of the children" standard in the awarding of joint custody.

452.375.13 - Any noncustodian convicted of an illegal sex act against a victim under age 18 shall not be allowed visitation until such person is discharged from custody and completes a treatment program.

452.375.14 - The court shall not consider a parent's choice of school for a child in determining custody of such child.

452.400.1 - In order to reduce enforcement issues regarding general "reasonable visitation" or "reasonable temporary physical custody" awards, language was added which requires the trial court to specifically detail "the visitation or temporary physical custody rights of the parent without physical custody". Such order shall include a provision that the sheriff or other law enforcement officer enforce such order. See also Section 452.400.4.

452.400.3, .4 & .5 - These sections were modified so that a parent who is denied visitation, physical and/or legal custody rights may, if the sheriff or other law enforcement officer fails to enforce a court order and after paying $25 and filling out a pro se motion form, ask a court to enforce the parent's existing physical and/or legal custody rights. Upon an initial finding that existing visitation, physical and legal or physical and/or legal custody order has not been complied with, without good cause, a court is required to enter an order for immediate enforcement and a judgment for reasonable expenses, attorney fees and court costs.

452.400.6 & .7 - These subsections were added so that a court will dispose of a motion for enforcement within 30 days and to allow for a change of custody as a result of the intentional withholding of visitation, physical and/or legal rights. A final disposition shall not include appellate review of a lower court decision.

452.401 - The $25 dollar pro se fee shall be applied by the Office of the State Courts Administrator to costs associated with the review of child support guidelines and to the costs associated with the increase of new causes of actions involving custody and visitation issues.

452.405 - Language was added which prohibits the legal custodian from exercising legal custody "in such a way as to detrimentally impact the other parent's visitation, physical and legal or physical or legal custody rights".

452.600 & 452.605 - Language was added which requires, except for good cause, educational sessions regarding the effects of divorce on children. The Senate Committee Substitute states that the reasonable expenses of such sessions shall be paid by the parties. The Missouri Supreme Court shall promulgate rules establishing guidelines for the required educational sessions.

454.496. - The October 22, 1996, Missouri Supreme Court case of Chastain v Chastain, #78611, held that the portion of 454.496.6 which requires that a court must review an administrative child support order within 45 days or such order is deemed approved, is unconstitutional. Therefore, the last sentence of section 454.496.6 is deleted.

Section 1. - A court with original jurisdiction over a dissolution proceeding may decline to exercise jurisdiction in a modification proceeding if exercising such jurisdiction would be clearly inconvenient to any party.

JAMES KLAHR