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MO HB417

Bill

Status

Introduced

2/7/2011

Primary Sponsor

Michael Corcoran

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Allows non-biological or non-legal parents to petition for custody and visitation rights if they have an ongoing parent/child relationship with a minor child lasting at least one year.

  • Defines parent/child relationship as one where a person has performed parental duties, provided basic physical needs, cared for education and discipline, or sustained a relationship fulfilling the child's psychological and emotional needs.

  • Establishes a rebuttable presumption that natural parents act in the child's best interests; petitioner must prove this presumption wrong by preponderance of evidence for visitation rights or clear and convincing evidence for custody rights.

  • Courts must consider nine factors when determining if a parent/child relationship exists, including the child's age, duration of interaction, whether the natural parent fostered the relationship, and whether the petitioner fulfilled the child's psychological needs.

  • Allows courts to award visitation rights upon preponderance of evidence or full custody rights upon clear and convincing evidence if in the child's best interests, and may assess child support and attorney fees accordingly.

Legislative Description

Allows any person having a parent/child relationship with a minor child who is not the biological or legal parent to petition the court for custody and visitation rights

Last Action

Public Hearing Completed (H)

2/23/2011

Committee Referrals

Judiciary2/10/2011

Full Bill Text

No bill text available