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Title XXX DOMESTIC RELATIONS

Chapter 452

previous next Effective - 01 Jan 1974, see footnotebottom

  452.385.  Child's wishes as to custodian, how determined. — The court may interview the child in chambers to ascertain the child's wishes as to his custodian and relevant matters within his knowledge.  The court shall permit counsel to be present at the interview and to participate therein.  The court shall cause a record of the interview to be made and to be made part of the record in the case.

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(L. 1973 H.B. 315 § 18)

Effective 1-01-74

(1975) Held failure to allow counsel to be present and failure to make a record of judge's interview with children was reversible error. Duncan v. Duncan (A.), 528 S.W.2d 806.

(1976) Held that court order which directed in chambers interview record sealed and did not make it part of record on appeal was not arbitrary and appellant's failure to take steps to make record available bars his claim for relief. A.M.S. v. J.L.S. (A.), 544 S.W.2d 885.


---- end of effective   01 Jan 1974 ----

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