MO HB1756

Court may delegate an incarcerated parent's temporary custody or visitation rights to a relative or family member with a close and substantial relationship to the child if it is in the child's best interest.

Delegated visitation rights terminate automatically when the incarcerated parent is released and do not create separate standing for the relative or family member to assert independent custody or visitation claims.

Delegated visitation time cannot exceed the original court-ordered visitation time granted to the incarcerated parent, though courts may account for travel time necessary to transport the child.

Rebuttable presumption against delegation exists if the relative or family member has a history of domestic violence, violent offenses involving minors, child abuse or neglect findings, or a full order of protection involving a child.

Person granted delegated visitation rights has full legal standing to enforce those rights and cannot transport the child for visitation with the incarcerated parent without prior consent from the non-incarcerated custodial parent or guardian.