Section 211.251

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 1989   

  211.251.  Modification of court orders. — 1.  A decree of the juvenile court made under the provisions of section 211.181 may be modified at any time on the court's own motion.

  2.  The juvenile officer, the parent, guardian, legal custodian, spouse, relative or next friend of a child committed to the custody of an institution or agency may, at any time, petition the court for a modification of the order of custody.  The court may deny the petition without hearing or may, in its discretion, conduct a hearing upon the issues raised and may make any orders relative to the issues as it deems proper.

  3.  The authority of the juvenile court to modify a decree is subject to the provisions of chapter 219.

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(L. 1957 p. 642 § 211.250, A.L. 1989 H.B. 502, et al.)

1955) Where parent seeks modification of court's order after finding that children were neglected and award of custody of children to himself, his morals are to be considered and burden is on him to show benefit to children.  Dansker v. Dansker (A.), 279 S.W.2d 505.

(1955) Motion of minor children by their natural parents to modify judgments finding them abandoned children and awarding their custody to third persons, should be granted where natural parents were fit persons to have custody and able to care for them.  State v. Pogue (A.), 282 S.W.2d 582.

(1956) Adjudication by juvenile court that child was a neglected child under the juvenile court law does not permanently deprive parent of the right to custody and in adoption case court must find willful abandonment or neglect to provide proper care for one year before parent's consent to adoption is unnecessary.  In re Slaughter (A.), 290 S.W.2d 408.