§ 452.385 — Child's wishes as to custodian, how determined.

Missouri § 452.385

• Jurisdiction: Missouri
• Title XXX: DOMESTIC RELATIONS
• Ch. 452: Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

Text

The court may interview the child in chambers to ascertain the child's wishes as to his custodian and relevant matters within his knowledge.  The court shall permit counsel to be present at the interview and to participate therein.  The court shall cause a record of the interview to be made and to be made part of the record in the case.

Legislative History

(L. 1973 H.B. 315 § 18) Effective 1-01-74 (1975) Held failure to allow counsel to be present and failure to make a record of judge's interview with children was reversible error. Duncan v. Duncan (A.), 528 S.W.2d 806. (1976) Held that court order which directed in chambers interview record sealed and did not make it part of record on appeal was not arbitrary and appellant's failure to take steps to make record available bars his claim for relief. A.M.S. v. J.L.S. (A.), 544 S.W.2d 885.