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MO HB37
Bill
Status
1/7/2015
Primary Sponsor
Nathan Walker
Click for details
AI Summary
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Creates new Section 452.398 allowing non-biological parents with an established "parent/child relationship" (at least one year of providing care, education, and emotional support) to petition for custody or visitation rights when at least one natural parent is deceased, unknown, has terminated rights, or has been absent for one year
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Petitioners must qualify by being married to the child's natural parent, being named on the birth certificate, or having relied on a natural parent's representation that they were the biological parent
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Establishes a rebuttable presumption that natural parents act in the child's best interests; courts may grant visitation if this presumption is rebutted by preponderance of evidence, or custody if rebutted by clear and convincing evidence
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Prohibits final custody orders for military parents until 90 days after deployment ends, and bars using deployment or employment-related separation as grounds for custody/visitation orders
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Amends Section 453.005 to prohibit race or ethnicity from being considered in adoption placement decisions regarding child interests, parental suitability, or home assessments, while maintaining compliance with federal Indian Child Welfare Act (25 U.S.C. Section 1915) for Native American children
Legislative Description
Changes the laws regarding child custody, visitation rights, and adoption
Last Action
Public Hearing Scheduled, Bill not Heard (H)
2/11/2015