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EspañolCan the non-custodial parent have access to the child's records?
Both parents generally have the right to get a child’s important records and information, including the child’s medical, dental, and school records. An exception is if a parent was denied custody or visitation rights for the reasons explained in Can a parent who committed domestic violence, child abuse, or sexual assault get custody or visitation? If you have custody and the non-custodial parent was given restricted or supervised visitation because of domestic violence, the judge may order that any reports and records given to the non-custodial parent not include your address or the child’s address. Also, if you have custody and you are enrolled in Missouri’s Address Confidentiality Program, the judge must order that any reports and records given to the non-custodial parent not include your address or the child’s address.1
If the parents want the schools to send two sets of report cards, progress reports, etc., one for each parent, then the school can charge the parents an administrative fee to cover the costs.2
1 MO ST § 452.375(12)
2 MO ST § 452.376
What happens if the other parent violates the custody order?
If the other parent violates the order, you can file a verified motion for contempt. Or, if the other parent is denying or interfering with your custody or visitation rights for no good reason (without “good cause”), you could file a family access motion. The circuit clerk will give you the form and should explain the procedures for filing a family access motion.1
Within five court days after you file a family access motion, the clerk will issue a summons for the other parent to appear in court. A copy of the motion and summons must be personally given (served) to the respondent by a process server or sheriff. The case must be resolved within 60 days.2
After the judge holds a hearing on the motion for contempt or the motion for a family access order, if the judge decides that the custody or visitation order was not followed, without good cause, the judge can:
- give the parent who was denied visitation make-up parenting time with the child that is the same amount or more than the amount of time the parent was denied; and
- order the parent who violated the order to:
- participate in counseling to educate him/her about the importance of providing the child with a continuing and meaningful relationship with both parents;
- pay a fine to the other parent of up to $500;
- pay the cost of counseling to reestablish the parent-child relationship between the parent who was denied visitation and the child;
- post a bond or security to ensure future compliance with the court order;3 and
- pay any reasonable expenses that the other parent had because of the denial or interference, including attorney’s fees and costs of a legal proceeding to enforce custody or visitation rights.4
1 MO ST §§ 452.375(10); 452.400(3)
2 MO ST § 452.400(4), (9)
3 MO ST § 452.400(6)
4 MO ST § 452.400(8)
Where can I find additional information about custody in Missouri?
You can find additional information about custody on these websites. WomensLaw is not affiliated with them and cannot vouch for the information.
- Paternity and child support information from the Missouri Courts website and from the Missouri Department of Social Services website.
- The Missouri Courts website has information on petitioning for custody.
- The Legal Services of Missouri website has information on custody, visitation, paternity, child support, and adoption.
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
