Changes in Custody

Modifications of custody and visitation are primarily governed by Sections 452.400, 452.410 452.411, 452.416 and 452.375 R.S.Mo. A prerequisite to a modification is a based upon facts that have arisen since the prior decree or that were unknown at the time of the prior decree provide a change in the circumstances of the child or her custodian and a modification is necessary to serve the best interest of the child(ren). A common misconception is that there is a waiting period from the time a judgment is entered until a motion to modify can be filed. There is no set amount of time that must pass before a motion to modify can be filed. There is no set fact pattern change that must occur. We have successfully modified decrees in many varying fact situations where the current custody plan does not serve the best interest of our client’s child(ren).

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