Effective 28 Aug 1998

452.150. Services and earnings of unmarried minor children — custody and control of. — The father and mother living apart are entitled to an adjudication by the circuit court as to their powers, rights and duties in respect to the custody and control and the services and earnings and management of the property of their unmarried minor children without any preference as between the said father and mother, and neither the father nor the mother has any right paramount to that of the other in respect to the custody and control or the services and earnings or of the management of the property of their said unmarried minor children; pending such adjudication the father or mother who actually has the custody and control of said unmarried minor children shall have the sole right to the custody and control and to the services and earnings and to the management of the property of said unmarried minor children.

­­--------

(RSMo 1939 § 1526, A.L. 1998 S.B. 910)

Prior revisions: 1929 § 1362; 1919 § 1813

CROSS REFERENCES:

Consent of parents necessary to adopt, 453.030 to 453.050

Custody of children, award on habeas corpus, 532.370

Transfer of custody of child prohibited, 453.110

(1953) Where divorce decree awarded custody of child to father and made no provision for visitation by the mother, nor for keeping the child in this state, the removal of the child from the state by the father did not constitute contempt. Middleton v. Tozer (A.), 259 S.W.2d 80.

(1953) On motion to modify decree as to custody of minor child, there must not only be proof of a change in conditions but it must be a change that would beneficially affect the interest of the child. Frams v. Black (A.), 259 S.W.2d 104.

(1954) In action by divorced mother to recover amounts expended for support of child from its father, limitations must be computed from the time the cause of action accrued and not from the date of last item in the account. Allen v. Allen, 364 Mo. 955, 270 S.W.2d 33.

(1957) Court of equity has inherent power to allow suit money attorney fees to the mother in proceeding to obtain custody of child. I.... v. B.... (A.), 305 S.W.2d 713.

(1963) Where court makes no custody award in a divorce action, it is not res judicata in subsequent action for custody of children. R.... v. E.... (A.), 364 S.W.2d 821.

(1963) Jurisdiction of trial court in divorce action to make an ad interim order with respect to the temporary custody of minor children pending the appeal, upon pleading and proof that their welfare is substantially endangered during that period, is not divested by the giving of the statutory supersedeas bond. State ex re. Stone v. Ferris (Mo.), 369 S.W.2d 244.

(1968) The Missouri Supreme Court held that the proper construction of Missouri statutory provisions relating to the obligations and rights of parents affords illegitimate children a right equal with that of legitimate children to require support by their fathers. Prior cases to the contrary were expressly overruled. R. . . . v. R. . . . (Mo.), 431 S.W.2d 152.