The 2022 Missouri General Assembly is currently in session. Senate Bill 857 contains several proposed changes in the family law area that may impact child custody, child support and transferring custody of a child. The law changes, if passed, will affect how lawyers will handle their client’s cases. The changes also have significant implications for cases involving third-party custody and minor guardianship cases.
One of the proposed child custody law changes involves third party custody. Third party custody refers to a situation where child custody is awarded to a person other than the parents. It is important to note that third party custody is different than a guardianship. In a child custody case where the court finds each parent to be unfit, unsuitable or unable to be a custodian of the child and finds that the best interest of the child is served by awarding another person custody of the child, this bill requires that the court provide certain notice to the child’s relatives within the third degree of consanguinity. This ensures that the relatives are aware that the child will be living with someone other than the parents. The bill also proposes that any person with whom the child has resided within in the last five years may intervene in the court case to seek third party custody, temporary custody or visitation.
The bill also proposes that no court order can be made denying a third-party contact with a child where that third party is not part of the court case unless the court finds that the third party may not be found and joined as party. This language would prevent a parent from obtaining a provision in a court order denying a grandparent, step-parent or any other person contact with a child without giving that person an opportunity to participate in the court proceeding.
Another proposed legislative change involved the relocation of a child. Under the current law, relocation encompasses situations where a parent of a child seeks to move from his or her current home to a new home. Sometimes the move may occur within the same school district. Other times, the move might be to a new city or even as far as a new state. The bill proposes to modify the definition of relocation of a child in a child custody arrangement to include the permanent transfer of custody of a child under a court order. This may include situations where a child is ordered to live with a grandparent, family member or any other person other than the parents. In cases where the transfer of custody is to a third party, the legal custodian will be required to notify the parents that a transfer of custody has occurred. The notice must be provided to the parents’ last known address. This means that the third party is not required to actually locate the parents. The notice to the parents must be in writing and must be sent at least sixty days in advance of the proposed transfer. The legislation does not require the notice to include the address where the child will be living. After August 28, 2022, every court order which modifies the custody of a child must include the addresses of the legal custodians and noncustodial parents of the child.
The Act also proposes that in any child custody proceeding, any person who fails to provide information regarding the address at which the child has lived for the last five years may be prosecuted. The Act provides that failure to disclose the child’s address is a class A misdemeanor. A class A misdemeanor carries a range of punishment up to one year in jail and up to a $2,000.00 fine. The bill further states that any violation shall be reported to the local prosecutor’s office.
Under the current law, any person may file a petition seeking to be appointed as the guardian of a minor child. Senate Bill 857 will prohibit the guardianship if a custody order already exists for the minor child. Petitions for minor guardianship will require information about where the child has resided for the last five years. A person seeking to be appointed as the guardian of a minor child must disclose, in their petition, where the child has resided for the last five years. Each parent with whom the child has lived for the last five years must be given notice of the guardianship proceeding so that each person has the right to intervene and seek guardianship of the child. Any guardianship which was granted without providing notice to each such person may be set aside.
Senate Bill 857 also proposes a law change that will affect the abatement of child support if passed. The Act proposes that a child support shall abate, in whole or in part, if the other parent has permanently transferred custody of the child to a third party without first obtaining court approval. This will include situations where the parents agreed, between themselves and without having gone to court, that the child will live with the other parent, a grandparent, or any other person.
Scott Hamblin is an experienced Jefferson City family law attorney. Part of Scott’s commitment to excellence in representing his clients includes keeping up with proposed legislative changes. When dealing with a complex child support or child custody issue, having a dedicated attorney that fully understand Missouri law can make a world of difference. Contact Scott A. Hamblin today for assistance with your case.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child but in the end Scott Hamblin was a great lawyer he did his job extremely well and was able to get my son back to me I definitely would recommend him to anyone that is in need with any kind of legal or family case.
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how hard he worked for us.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that I have my children with me now and could not be happier. Thank you Scott for fighting for me. If I ever need an attorney again, Scott Hamblin will be the one that I am going to call.
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that I had and, helped me along the way to make the best decisions for my case with my financial situation in mind. Scott left no rock unturned in the trial and was extremely prepared for the case. After a long 2 days' worth of trial,…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
For accessible and experienced representation, contact attorney Scott Hamblin today.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | Privacy Policy
The choice of a lawyer is an important decision and should not be based solely upon advertisements. Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
