475.025. Rights of parents as natural guardians of minors. — In all cases not otherwise provided for by law, the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education. When the estate of a minor is derived from a parent, the parent as natural guardian has all of the powers of a conservator appointed by a court, with respect to property derived from him, except that no court order or authorization is necessary to exercise these powers and the natural guardian may invest, sell and reinvest the estate of the minor in such property as is reasonable and prudent.
Notes of Decisions
Cobb v. State Sec. Ins. Co., 576 S.W.2d 726 (Mo. 1979).
· cites it 14× “" Section 475.025, RSMo 1969, provides that when there is no lawful father, "then the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education.”
State v. Davis, 814 S.W.2d 593 (Mo. 1991).
· cites it 4× “See generally § 475.025, RSMo 1986; Kubatzky v. Ramada Inns, Inc.”
Reece v. Reece, 890 S.W.2d 706 (Mo. Ct. App. 1995).
· cites it 6× “The appointment of a guardian for a minor child is governed by three statutes, §§ 475.025, 475.030 and 475.045. Section 475.”
Kubatzky v. Ramada Inns, Inc., 632 S.W.2d 73 (Mo. Ct. App. 1982).
· cites it 16× “Section 475.025, RSMo 1959, 4 permits a parent as a minor child’s natural guardian to exercise the powers of a court-appointed guardian over the child’s property, including its sale, so long as the property was derived from the parent.”
State Ex Rel. Bird v. Weinstock, 864 S.W.2d 376 (Mo. Ct. App. 1993).
· cites it 2× “Under § 475.025 RSMo. 1986, a parent is considered a “natural guardian” of his child “in all cases not otherwise provided for by law.”
In re L.M., 488 S.W.3d 210 (Mo. Ct. App. 2016).
· cites it 2× “4(2) authorizes the court to issue letters of guardianship over a minor in three circumstances, including, as is relevant here, where the parent or parents are unwilling, unable, or adjudged unfit to assume the duties of guardianship.”
Dyer v. Union Elec. Co., 318 S.W.2d 401 (Mo. Ct. App. 1958).
· cites it 6× “This is a suit for specific performance of a contract, with a prayer for equitable damages for delay occasioned by reason of its breach'; for a declaratory judgment establishing plaintiff’s right under § 475.025, RSMo 1955 Supp., V.A.M.S. as the father of a minor shareholder of…”
In the Interests of C.H., 525 S.W.3d 205 (Mo. Ct. App. 2017).
· cites it 7× “030.4 allows the probate court to issue letters of guardianship over minors: “(1) Where a minor has no parent living; (2) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship; (3) Where [all…”
Y.W. ex rel. Smith v. Nat'l Super Markets, Inc., 876 S.W.2d 785 (Mo. Ct. App. 1994).
· cites it 2× “Although under § 475.025 RSMo 1986 of the guardianship code, parents are considered the natural guardians of their children, and a parent may be judicially-appointed guardian ad litem or next friend in cases in which there is no conflict of interest, see § 475.”
Warren v. Burkhart, 987 S.W.2d 830 (Mo. Ct. App. 1999).
· cites it 4× “The appointment of a guardian for a minor child is governed by three statutes: §§ 475.025, 475.030 and 475.045. Reece, 890 S.”
Todd v. Garrison, 417 F. Supp. 97 (E.D. Mo. 1976).
· cites it 3× “§ 475.025, and are Norman Asa Garrison, Jr.”
D.L.M. v. S.M.P., 953 S.W.2d 638 (Mo. Ct. App. 1997).
· cites it 2× “3 Section 475.025 provides that a father, mother, both, or a survivor of the two, are natural guardians of their children.”
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