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Missouri Senate Bill 1531 establishes temporary custody order procedures and adds child stability factors in custody modifications
Original title: Creates provisions relating to modifying child custody and visitation orders
Last action · March 25, 2026: SCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (6671S.02C)Sponsor: Nick Schroer
Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law
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What This Bill Would Do
Missouri courts may now issue temporary child custody or visitation orders during pending motions to modify existing judgments, provided parties receive notice and a hearing, with emergency orders capped at 15 days. The legislation expands the statutory factors courts must evaluate in custody determinations to include the child's need for stability, continuity of care, consistent routine, and each parent's capacity to provide a safe, stable environment. Additionally, parents filing motions to modify joint custody awards are granted entitlement to a change of judge.
Why it matters
Parents involved in custody modification disputes face new procedural mechanisms for interim custody orders and temporary child support while litigation is pending, and courts must weigh specific continuity and stability factors when evaluating the child's best interests.
Who It Would Affect
Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.
Directly affected
parents
Parents involved in custody or visitation proceedings are subject to new criteria regarding stability factors, temporary custody order rules during modification motions, and entitlement to a change of judge.
Directly affected
guardians ad litem
Guardians ad litem appointed by the court must fulfill expanded mandatory training requirements regarding child development, trauma, and domestic violence dynamics.
Key Facts
You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.
Frequently Asked Questions
Can a temporary custody order be issued while a motion to modify custody is pending?
Yes, upon motion of any party, with notice to all other parties and after a hearing, the court may make temporary orders relative to the custody and visitation of the child during the of a modification action.
What happens to temporary custody orders if the underlying motion to modify is dismissed?
Dismissal of the underlying motion to modify automatically vacates any temporary order issued under this act.
What new factors are added to the child custody determination criteria?
The act adds considerations of the child's need for stability, continuity of care, and consistent routine, as well as the capacity of each parent to provide a safe, stable, and developmentally appropriate environment.
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
Currently in committee. The next step in the legislative lifecycle is Floor Vote.
Procedural history
6 actions- Mar 25, 2026SenateCommitteeSCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (6671S.02C)
- Mar 11, 2026SenateHearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
- Mar 4, 2026SenateHearing Cancelled S Judiciary and Civil and Criminal Jurisprudence Committee
- Feb 25, 2026SenateHearing Cancelled S Judiciary and Civil and Criminal Jurisprudence Committee
- Feb 5, 2026SenateFloorSecond Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
- Jan 12, 2026SenateIntroducedS First Read
Version history & redline
2 versions on fileComparing 6671S.01I - Introduced → Senate Committee Substitute - Committee Version
removed addedOfficial text
removed: SECOND REGULAR SESSION
added: 6671S.02C
1
SENATE added: COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1531
removed: 103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6671S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal removed: section added: sections 452.375, 452.410, added: and 452.423,
RSMo, and to enact in lieu thereof removed: two added: four new sections relating to child
custody.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. removed: Section added: Sections 452.375, 452.410, added: and 452.423, RSMo, removed: is added: are repealed and removed: two added: four new sections enacted in lieu thereof, to be known as sections removed: 452.381 and added: 452.375, 452.381, 452.410, added: and 452.423, to read as follows: added: 452.375. 1. As used in this chapter, unless the
context clearly indicates otherwise:
(1) "Custody" means joint legal custody, sole legal
custody, joint physical custody or sole physical custody or
any combination thereof;
(2) "Joint legal custody" means that the parents share
the decision-making rights, responsibilities, and authority
relating to the health, education and welfare of the child,
and, unless allocated, apportioned, or decreed, the parents
shall confer with one another in the exercise of decision-
making rights, responsibilities, and authority;
(3) "Joint physical custody" means an order awarding
each of the parents significant, but not necessarily equal,
periods of time during which a child resides with or is
under the care and supervision of each of the parents.
Joint physical custody shall be shared by the parents in
such a way as to assure the child of frequent, continuing
and meaningful contact with both parents;
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(4) "Third-party custody" means a third party
designated as a legal and physical custodian pursuant to
subdivision (5) of subsection 5 of this section.
2. The court shall determine custody in accordance
with the best interests of the child. There shall be a
rebuttable presumption that an award of equal or
approximately equal parenting time to each parent is in the
best interests of the child. Such presumption is rebuttable
only by a preponderance of the evidence in accordance with
all relevant factors, including, but not limited to, the
factors contained in subdivisions (1) to [(8)] (9) of this
subsection. The presumption may be rebutted if the court
finds that the parents have reached an agreement on all
issues related to custody, or if the court finds that a
pattern of domestic violence has occurred as set out in
subdivision (6) of this subsection. When the parties have
not reached an agreement on all issues related to custody,
the court shall consider all relevant factors and enter
written findings of fact and conclusions of law, including,
but not limited to, the following:
(1) The wishes of the child's parents as to custody
and the proposed parenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing
and meaningful relationship with both parents and the
ability and willingness of parents to actively perform their
functions as mother and father for the needs of the child;
(3) The interaction and interrelationship of the child
with parents, siblings, and any other person who may
significantly affect the child's best interests;
(4) Which parent is more likely to allow the child
frequent, continuing and meaningful contact with the other
parent;
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(5) The child's adjustment to the child's home,
school, and community. The fact that a parent sends his or
her child or children to a home school or FPE school shall
not be the sole factor that a court considers in determining
custody of such child or children;
(6) The mental and physical health of all individuals
involved, including any history of abuse of any individuals
involved. If the court finds that a pattern of domestic
violence as defined in section 455.010 has occurred, and, if
the court also finds that awarding custody to the abusive
parent is in the best interest of the child, then the court
shall enter written findings of fact and conclusions of
law. Custody and visitation rights shall be ordered in a
manner that best protects the child and any other child or
children for whom the parent has custodial or visitation
rights, and the parent or other family or household member
who is the victim of domestic violence from any further harm;
(7) The child's need for stability, continuity of
care, and consistent routine, as well as the capacity of
each parent to provide a safe, stable, and developmentally
appropriate environment;
(8) The intention of either parent to relocate the
principal residence of the child; and
[(8)] (9) The unobstructed input of a child, free of
coercion and manipulation, as to the child's custodial
arrangement.
3. (1) In any court proceedings relating to custody
of a child, the court shall not award custody or
unsupervised visitation of a child to a parent if such
parent or any person residing with such parent has been
found guilty of, or pled guilty to, any of the following
offenses when a child was the victim:
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(a) A felony violation of section 566.030, 566.031,
566.032, 566.060, 566.061, 566.062, 566.064, 566.067,
566.068, 566.083, 566.100, 566.101, 566.111, 566.151,
566.203, 566.206, 566.209, 566.211, or 566.215;
(b) A violation of section 568.020;
(c) A violation of subdivision (2) of subsection 1 of
section 568.060;
(d) A violation of section 568.065;
(e) A violation of section 573.200;
(f) A violation of section 573.205; or
(g) A violation of section 568.175.
(2) For all other violations of offenses in chapters
566 and 568 not specifically listed in subdivision (1) of
this subsection or for a violation of an offense committed
in another state when a child is the victim that would be a
violation of chapter 566 or 568 if committed in Missouri,
the court may exercise its discretion in awarding custody or
visitation of a child to a parent if such parent or any
person residing with such parent has been found guilty of,
or pled guilty to, any such offense.
4. The general assembly finds and declares that it is
the public policy of this state that frequent, continuing
and meaningful contact with both parents after the parents
have separated or dissolved their marriage is in the best
interest of the child, except for cases where the court
specifically finds that such contact is not in the best
interest of the child, and that it is the public policy of
this state to encourage parents to participate in decisions
affecting the health, education and welfare of their
children, and to resolve disputes involving their children
amicably through alternative dispute resolution. In order
to effectuate these policies, the general assembly
encourages the court to enter a temporary parenting plan as
5
early as practicable in a proceeding under this chapter,
consistent with the provisions of subsection 2 of this
section, and, in so doing, the court shall determine the
custody arrangement which will best assure both parents
participate in such decisions and have frequent, continuing
and meaningful contact with their children so long as it is
in the best interests of the child.
5. Prior to awarding the appropriate custody
arrangement in the best interest of the child, the court
shall consider each of the following as follows:
(1) Joint physical and joint legal custody to both
parents, which shall not be denied solely for the reason
that one parent opposes a joint physical and joint legal
custody award. The residence of one of the parents shall be
designated as the address of the child for mailing and
educational purposes;
(2) Joint physical custody with one party granted sole
legal custody. The residence of one of the parents shall be
designated as the address of the child for mailing and
educational purposes;
(3) Joint legal custody with one party granted sole
physical custody;
(4) Sole custody to either parent; or
(5) Third-party custody or visitation:
(a) When the court finds that each parent is unfit,
unsuitable, or unable to be a custodian, or the welfare of
the child requires, and it is in the best interests of the
child, then custody, temporary custody or visitation may be
awarded to a person related by consanguinity or affinity to
the child. If no person related to the child by
consanguinity or affinity is willing to accept custody, then
the court may award custody to any other person or persons
deemed by the court to be suitable and able to provide an
6
adequate and stable environment for the child. Before the
court awards custody, temporary custody or visitation to a
third person under this subdivision, the court shall make
that person a party to the action;
(b) Under the provisions of this subsection, any
person may petition the court to intervene as a party in
interest at any time as provided by supreme court rule.
6. If the parties have not agreed to a custodial
arrangement, or the court determines such arrangement is not
in the best interest of the child, the court shall include a
written finding in the judgment or order based on the public
policy in subsection 4 of this section and each of the
factors listed in subdivisions (1) to [(8)] (9) of
subsection 2 of this section detailing the specific relevant
factors that made a particular arrangement in the best
interest of the child. If a proposed custodial arrangement
is rejected by the court, the court shall include a written
finding in the judgment or order detailing the specific
relevant factors resulting in the rejection of such
arrangement.
7. Upon a finding by the court that either parent has
refused to exchange information with the other parent, which
shall include but not be limited to information concerning
the health, education and welfare of the child, the court
shall order the parent to comply immediately and to pay the
prevailing party a sum equal to the prevailing party's cost
associated with obtaining the requested information, which
shall include but not be limited to reasonable attorney's
fees and court costs.
8. As between the parents of a child, no preference
may be given to either parent in the awarding of custody
because of that parent's age, sex, or financial status, nor
because of the age or sex of the child. The court shall not
7
presume that a parent, solely because of his or her sex, is
more qualified than the other parent to act as a joint or
sole legal or physical custodian for the child.
9. Any judgment providing for custody shall include a
specific written parenting plan setting forth the terms of
such parenting plan arrangements specified in subsection 8
of section 452.310. Such plan may be a parenting plan
submitted by the parties pursuant to section 452.310 or, in
the absence thereof, a plan determined by the court, but in
all cases, the custody plan approved and ordered by the
court shall be in the court's discretion and shall be in the
best interest of the child.
10. After August 28, 2016, every court order
establishing or modifying custody or visitation shall
include the following language: "In the event of
noncompliance with this order, the aggrieved party may file
a verified motion for contempt. If custody, visitation, or
third-party custody is denied or interfered with by a parent
or third party without good cause, the aggrieved person may
file a family access motion with the court stating the
specific facts that constitute a violation of the custody
provisions of the judgment of dissolution, legal separation,
or judgment of paternity. The circuit clerk will provide
the aggrieved party with an explanation of the procedures
for filing a family access motion and a simple form for use
in filing the family access motion. A family access motion
does not require the assistance of legal counsel to prepare
and file.".
11. No court shall adopt any local rule, form, or
practice requiring a standardized or default parenting plan
for interim, temporary, or permanent orders or judgments.
Notwithstanding any other provision of law to the contrary,
a court may enter an interim order in a proceeding under
8
this chapter, provided that the interim order shall not
contain any provisions about child custody or a parenting
schedule or plan without first providing the parties with
notice and a hearing, unless the parties otherwise agree.
12. Unless a parent has been denied custody rights
pursuant to this section or visitation rights under section
452.400, both parents shall have access to records and
information pertaining to a minor child including, but not
limited to, medical, dental, and school records. If the
parent without custody has been granted restricted or
supervised visitation because the court has found that the
parent with custody or any child has been the victim of
domestic violence, as defined in section 455.010, by the
parent without custody, the court may order that the reports
and records made available pursuant to this subsection not
include the address of the parent with custody or the
child. A court shall order that the reports and records
made available under this subsection not include the address
of the parent with custody if the parent with custody is a
participant in the address confidentiality program under
section 589.663. Unless a parent has been denied custody
rights pursuant to this section or visitation rights under
section 452.400, any judgment of dissolution or other
applicable court order shall specifically allow both parents
access to such records and reports.
13. Except as otherwise precluded by state or federal
law, if any individual, professional, public or private
institution or organization denies access or fails to
provide or disclose any and all records and information,
including, but not limited to, past and present dental,
medical and school records pertaining to a minor child, to
either parent upon the written request of such parent, the
court shall, upon its finding that the individual,
9
professional, public or private institution or organization
denied such request without good cause, order that party to
comply immediately with such request and to pay to the
prevailing party all costs incurred, including, but not
limited to, attorney's fees and court costs associated with
obtaining the requested information.
14. An award of joint custody does not preclude an
award of child support pursuant to section 452.340 and
applicable supreme court rules. The court shall consider
the factors contained in section 452.340 and applicable
supreme court rules in determining an amount reasonable or
necessary for the support of the child.
15. If the court finds that domestic violence or abuse
as defined in section 455.010 has occurred, the court shall
make specific findings of fact to show that the custody or
visitation arrangement ordered by the court best protects
the child and the parent or other family or household member
who is the victim of domestic violence, as defined in
section 455.010, and any other children for whom such parent
has custodial or visitation rights from any further harm.
452.381. 1. During the pendency of an action seeking a modification of any judgment pertaining to child custody or visitation, upon the motion of
[…]
section may be entered without notice to opposing parties if the court finds that an emergency exists, the nature of which requires the court added: 10
to act before opposing parties can be heard in removed: opposition. added: opposition,
including, but not limited to, an emergency in which the
child faces immediate or imminent risk of physical harm,
emotional harm, psychological injury, or medical neglect
because of a parent's deteriorating mental health, a
parent's failure to comply with prescribed or therapeutic
treatment, reports from licensed medical or mental health
professionals indicating a parent's instability, or a
pattern of emotional volatility or coercive behavior by a
parent. In all such cases, the order shall be for a period not to exceed fifteen days or until further order of the court, and
[…]
provided in subsection 2 of this section, the court shall not modify a prior custody decree unless it has jurisdiction under the provisions of added: 11
section 452.745 and it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court
[…]
then the court shall enter an order granting custody or visitation according to the proposed parenting plan as soon as possible following the filing.added: 4. As used in this section and in cases where one or
more children subject to a custody order have special needs
or disabilities, a change of circumstances may include one
12
parent's neglect or harm of the best interests of the child
or children with special needs or disabilities.
452.423. 1. In all proceedings for child custody or
for dissolution of marriage or legal separation where
custody, visitation, or support of a child is a contested
issue, the court may appoint a guardian ad litem.
Disqualification of a guardian ad litem shall be ordered in
any legal proceeding only pursuant to this chapter, upon the
filing of a written application by any party within ten days
of appointment, or within ten days of August 28, 1998, if
the appointment occurs prior to August 28, 1998. Each party
shall be entitled to one disqualification of a guardian ad
litem appointed under this subsection in each proceeding,
except a party may be entitled to additional
disqualifications of a guardian ad litem for good cause
shown.
2. The court shall appoint a guardian ad litem in any
proceeding in which child abuse or neglect is alleged.
3. The guardian ad litem shall:
(1) Be the legal representative of the child at the
hearing, and may examine, cross-examine, subpoena witnesses
and offer testimony;
(2) Prior to the hearing, conduct all necessary
interviews with persons having contact with or knowledge of
the child in order to ascertain the child's wishes,
feelings, attachments and attitudes. If appropriate, the
child should be interviewed;
(3) Review relevant medical, educational, and
therapeutic records and consult treating professionals when
appropriate, assess special medical or developmental needs,
and evaluate household stability and continuity of care; and
(4) Request the juvenile officer to cause a petition
to be filed in the juvenile division of the circuit court if
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the guardian ad litem believes the child alleged to be
abused or neglected is in danger.
4. The guardian ad litem shall submit a written report
summarizing the investigative steps taken and the factual
basis for any recommendations. The court shall review the
report to ensure compliance with the provisions of this
section and any other duties required under law prior to
adopting any of the recommendations contained within.
5. The appointing judge shall require the guardian ad
litem to faithfully discharge such guardian ad litem's
duties, and upon failure to do so shall discharge such
guardian ad litem and appoint another. The judge in making
appointments pursuant to this section shall give preference
to persons who served as guardian ad litem for the child in
the earlier proceeding, unless there is a reason on the
record for not giving such preference.
[5.] 6. The guardian ad litem shall be awarded a
reasonable fee for such services to be set by the court.
The court, in its discretion, may:
(1) Issue a direct payment order to the parties. If a
party fails to comply with the court's direct payment order,
the court may find such party to be in contempt of court; or
(2) Award such fees as a judgment to be paid by any
party to the proceedings or from public funds. Such an
award of guardian fees shall constitute a final judgment in
favor of the guardian ad litem. Such final judgment shall
be enforceable against the parties in accordance with
chapter 513.
7. A guardian ad litem appointed under this section
shall have received training in child development, trauma-
informed practices, domestic violence dynamics, coercive
control, mental health disorders affecting parenting
capacity, and considerations for children with special
14
needs. Such training may be part of any training or
education otherwise required of a guardian ad litem under
law.
Redline computed from the official version text (record lane).View this version →
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Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
policy shift95% confidence
Introduction of Interim Modification Orders
The bill explicitly establishes statutory authority for temporary custody and visitation orders during pending modification motions, addressing a procedural gap in prior law.
Connected Entities
Sources
Open source document
www.senate.mo.gov
Analysis Score
0–100- Significance75How much this matters to a regular citizen
- Controversy40Intensity of disagreement among stakeholders
- Entertainment5Compellingness for a non-policy-wonk reader
- Buzz30Current news / social attention level
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