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MO HB37

Bill

Status

Introduced

1/7/2015

Primary Sponsor

Nathan Walker

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Civil and Criminal Proceedings1/21/2015

Full Bill Text

No bill text available