Missouri Emergency Custody Order

Q: What must I show a Missouri court to get an ex parte custody order?

In a verified petition, good cause. An immediate and present danger of domestic violence to the petitioner or the child is good cause under RSMo 455.035. In a dissolution case, a restraining order requires a finding of irreparable injury. The court decides whether the facts meet the standard.

Q: Does the other parent get notice before a Missouri ex parte order?

For an ex parte order of protection, no notice is given before it is issued. It takes effect when entered and remains in effect until valid service and a hearing. In a dissolution case under RSMo 452.315, the statute contemplates notice and a hearing, and the answer is due within ten days after service of notice of the motion or at the time specified in the restraining order.

Q: How soon is the hearing after a Missouri ex parte order of protection?

Not later than 15 days after the petition is filed, unless the court continues it for good cause (RSMo 455.040).

Q: How long does a Missouri ex parte custody order last?

An ex parte order lasts until service and a hearing. A full order of protection lasts at least 180 days and not more than 1 year, or 2 to 10 years with specific written findings of serious danger. Custody provisions end on a later Chapter 452 order.

Q: Can a Missouri order of protection change custody during a divorce?

No. An order of protection may not change custody if a dissolution action is pending or custody was previously awarded (RSMo 455.060). In a pending dissolution case, ask for a temporary order under RSMo 452.315.

Q: Are there official Missouri forms for an emergency custody request?

Ask the court clerk which forms your court requires or provides for an order of protection or a dissolution motion, and whether any are mandatory.

Q: Can a Missouri court act in an emergency if the child usually lives in another state?

Under RSMo 452.755, a Missouri court has temporary emergency jurisdiction if the child is present in Missouri and abandoned, or emergency protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Where do I file an emergency custody request in Missouri?

Confirm the right court, venue and any fee with the clerk before filing. If a dissolution, custody or protection case is already open, give the clerk that case number.

Q: What if the child is being abused in Missouri?

If the child is in immediate danger, call 911. Report abuse to child protective services. An ex parte order of protection under RSMo 455.035 is a separate route that may include temporary custody.

Ex parte order on good cause; hearing within 15 days of filing unless continued for good cause.

Find out where you stand in Missouri

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Introduction

RSMo 455.045(4): an ex parte order of protection can include temporary custody on good cause (RSMo 455.035), and a full hearing must be held not later than 15 days after the petition is filed, unless continued for good cause (RSMo 455.040).

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot protect a child in the moment.
2
The clearest Missouri route is an ex parte order of protection, which may include a temporary order of custody of minor children where appropriate (RSMo 455.045(4)). The court decides whether to grant it.
3
The petition must be verified, and the court may issue the order for good cause shown in the petition. An immediate and present danger of domestic violence to the petitioner or the child is good cause (RSMo 455.035).
4
No notice is required before an ex parte order of protection is issued. It takes effect when entered and stays in effect until valid service and a hearing, and failure to serve it does not affect its validity.
5
A hearing must be held not later than 15 days after the petition is filed, unless the court continues it for good cause (RSMo 455.040). A full order of protection lasts at least 180 days and not more than 1 year, or 2 to 10 years on specific written findings of serious danger.
6
In a pending dissolution case, RSMo 452.315 lets the court issue a restraining order on a finding of irreparable injury, with the answer due within ten days after service of notice of the motion or at the time the order specifies. An order of protection cannot change custody if a dissolution action is pending or custody was already awarded (RSMo 455.060).
7
A Missouri court has temporary emergency jurisdiction if the child is present and abandoned, or emergency protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse (RSMo 452.755). Report abuse to child protective services. For non-emergency changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Missouri, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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IN THE CIRCUIT COURT OF [COUNTY] COUNTY, STATE OF MISSOURI Case No. [CASE NUMBER, IF ANY] [YOUR NAME], Petitioner/Movant, v. [OTHER PARENT NAME], Respondent.

VERIFIED PETITION FOR EX PARTE ORDER OF PROTECTION WITH TEMPORARY CUSTODY, OR MOTION FOR TEMPORARY ORDER OF CUSTODY [ROUTE A: Ex parte order of protection, RSMo 455.035 and 455.045(4)] [ROUTE B: Temporary order in a pending dissolution case, RSMo 452.315]

The child is [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS, CITY, COUNTY AND STATE WHERE THE CHILD LIVES].
Existing orders and cases: [CASE NUMBERS AND DATES OF CUSTODY, DISSOLUTION OR PROTECTION ORDERS, OR NONE].
Facts of the emergency: On [DATE], [WHO, WHAT, WHERE, AND HOW THE CHILD OR PETITIONER WAS HARMED OR THREATENED].
Good cause or irreparable injury: [ROUTE A: WHY THESE FACTS SHOW AN IMMEDIATE AND PRESENT DANGER OF DOMESTIC VIOLENCE TO ME OR THE CHILD] [ROUTE B: WHY THE CHILD WILL SUFFER IRREPARABLE INJURY].

I ask the court to enter, in the alternative: [ALTERNATIVE A: TEMPORARY CUSTODY OF THE CHILD TO ME] [ALTERNATIVE B: THE OTHER PARENT'S CONTACT WITH THE CHILD ONLY AS SUPERVISED BY [NAME]] [ALTERNATIVE C: THE OTHER PARENT NOT REMOVE THE CHILD FROM [COUNTY/STATE]] [ALTERNATIVE D: OTHER SPECIFIC TEMPORARY RELIEF: [RELIEF REQUESTED]] and [ROUTE A: set a hearing not later than 15 days after filing, unless continued for good cause] [ROUTE B: set the motion for hearing after notice to the other parent].

Notice, in the alternative: [NOTICE A: I notified the other parent on [DATE] by [METHOD].] [NOTICE B, ROUTE A ONLY: I did not give advance notice because [FACTS SHOWING THE IMMEDIATE AND PRESENT DANGER OF DOMESTIC VIOLENCE].] I will have the other parent served with the order, the petition and notice of the hearing. Emergency jurisdiction, in the alternative: [JURISDICTION A: The child is present in Missouri and emergency protection is necessary under RSMo 452.755 because [FACTS OF MISTREATMENT OR ABUSE OR THREAT].] [JURISDICTION B: NOT CLAIMED UNDER RSMo 452.755.]

VERIFICATION I swear or affirm that the facts stated above are true to the best of my knowledge and belief. Signature: ______________ Date: [DATE] Name: [YOUR NAME] Address: [ADDRESS] Phone: [PHONE] Subscribed and sworn before me on [DATE]. Notary public: [NAME], [COUNTY] County, Missouri. My commission expires: [DATE].

CERTIFICATE OF SERVICE I served a copy of the order, the petition or motion and notice of the hearing on [OTHER PARENT NAME] on [DATE] by [METHOD] at [ADDRESS]. Signature: ______________

Missouri Requirements for Emergency Custody Motion

Ex Parte Order of Protection With Custody
An ex parte order of protection may include a temporary order of custody of minor children where appropriate (RSMo 455.045(4)).
Verified Petition and Good Cause
The petition must be verified, and the court may issue an ex parte order for good cause shown in the petition (RSMo 455.035).
Immediate and Present Danger
An immediate and present danger of domestic violence to the petitioner or the child constitutes good cause (RSMo 455.035).
No Notice Before Ex Parte Order
An ex parte order of protection takes effect when entered and remains in effect until valid service and a hearing; failure to serve does not affect validity.
Hearing Within 15 Days
A hearing must be held not later than 15 days after the petition is filed, unless continued for good cause (RSMo 455.040).
Dissolution Restraining Order
In a dissolution case, the court may issue a restraining order on a finding of irreparable injury; the answer is due within ten days after service of notice of the motion or at the time specified in the restraining order (RSMo 452.315).
No Custody Change in Pending Dissolution
An order of protection may not change custody if a dissolution action is pending or custody was previously awarded (RSMo 455.060).
Temporary Emergency Jurisdiction
A Missouri court has temporary emergency jurisdiction if the child is present and abandoned, or protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse (RSMo 452.755).
Facts and Requested Orders
The motion states the child, existing orders, the emergency facts and the specific temporary orders requested, under a sworn verification.

Frequently Asked Questions

What is an emergency custody order called in Missouri?

What must I show a Missouri court to get an ex parte custody order?

Does the other parent get notice before a Missouri ex parte order?

How soon is the hearing after a Missouri ex parte order of protection?

How long does a Missouri ex parte custody order last?

Can a Missouri order of protection change custody during a divorce?

Are there official Missouri forms for an emergency custody request?

Can a Missouri court act in an emergency if the child usually lives in another state?

Where do I file an emergency custody request in Missouri?

What if the child is being abused in Missouri?

Find out where you stand in Missouri

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Missouri Requirements for Emergency Custody Motion

Ex Parte Order of Protection With Custody

Verified Petition and Good Cause

Immediate and Present Danger

No Notice Before Ex Parte Order

Hearing Within 15 Days

Dissolution Restraining Order

No Custody Change in Pending Dissolution

Temporary Emergency Jurisdiction

Facts and Requested Orders

Frequently Asked Questions