How is child custody decided in Missouri?

Missouri child custody is governed by Mo. Rev. Stat. § 452.375.

1. Public Policy — Frequent, Continuing, and Meaningful Contact (§ 452.375(4))

Missouri's public policy is that 'frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child' and 'to encourage parents to participate in decisions affecting the health, education and welfare of their children.'

2. Forms of Custody (§ 452.375(1))

Joint legal custody — parents share decision-making rights.

Sole legal custody — one parent has decision-making.

Joint physical custody — significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each parent.

Sole physical custody — child resides primarily with one parent.

3. Presumption — Public Policy of Joint Custody

Missouri does not have a statutory rebuttable presumption of equal parenting time, but the policy of frequent and continuing contact effectively favors joint arrangements. In re Marriage of Bessieres, 559 S.W.3d 99 (Mo. App. 2018).

4. Best Interest Factors (§ 452.375(2))

The court shall consider all relevant factors including:

Wishes of the child's parents and any proposed parenting plan submitted by both parties.

Needs of the child for a frequent, continuing, and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father.

Interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interest.

Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent.

Child's adjustment to the child's home, school, and community.

Mental and physical health of all individuals involved, including any history of abuse of any individuals involved.

Intention of either parent to relocate the principal residence of the child.

Wishes of a child as to the child's custodian.

5. Child's Preference (Factor 8)

No statutory age. Missouri courts consider the wishes of mature children. There is no specific weight given by age, but case law gives significant deference to teenagers.

6. Parenting Plan Required (§ 452.310(7))

A proposed parenting plan must be filed with the petition or response. The plan must address:

Specific residential schedule for school year, summer, holidays, birthdays.

Decision-making allocation.

Procedure for resolving disputes.

Tax exemption.

Child support and method of payment.

7. Domestic Violence (§ 452.375(2)(6))

Evidence of domestic violence affects custody. § 452.375(13) provides that if a court finds a pattern of domestic violence, the court shall make specific findings of fact and conclusions of law to support the custody and visitation arrangement.

8. Modification (§ 452.410)

Requires:

A change has occurred in the circumstances of the child or the child's custodian.

Modification is necessary to serve the best interest of the child.

For changes to physical custody (residence designation), the court must find that the change is in the child's best interest based on facts arising since the prior decree or facts unknown to the court at the prior decree.

9. Relocation (§ 452.377)

A parent intending to relocate the child more than 50 miles must provide written notice 60 days in advance to the other parent. The notice must be sent by certified mail and must contain specific statutory information. Failure to comply can result in sanctions.

This is legal information, not legal advice.