In Missouri, a judge decides child custody based on a legal standard known as the best interests of the child. This is laid out in a state law called Missouri Revised Statutes Section 452.375 and involves a detailed evaluation of eight specific factors designed to determine what living arrangement will best support a child’s well-being.
A recent change in Missouri law, known as Senate Bill 35, now requires judges to start with the assumption that equal or nearly equal parenting time is in the child’s best interest. However, this is just a starting point, and the final outcome could be very different depending on your circumstances.
If you have a question about your specific situation and what these factors mean for you, call Martin Law Group at (913) 764-9700.
Key Takeaways for Missouri Child Custody Decisions
- The “best interests of the child” standard is law. A judge’s decision is guided by eight specific factors listed in state law, not by personal opinions or a parent’s gender.
- Missouri law presumes a 50/50 schedule is best. Courts now start with the assumption that equal parenting time is ideal, but this is a starting point that is overcome with evidence showing a different arrangement better serves the child.
- A written parenting plan is mandatory. A detailed plan outlining schedules, decision-making, and communication is required by the court and serves as critical evidence of your preparedness.
Understanding Missouri’s New 50/50 Custody Presumption: What Does It Really Mean for You?
In 2023, Missouri law changed significantly. There is now a legal presumption that equal, or close to equal, parenting time is in a child’s best interest.
This means that when your case begins, the judge’s default starting position is a 50/50 arrangement. The law applies this presumption to both physical custody (where the child lives) and legal custody (who makes major decisions).
The word “presumption” is key; it is not a guarantee. It is a starting point that may be overcome with evidence. The court may, and frequently does, order a different arrangement if one parent shows that a 50/50 schedule would be harmful or impractical for the child.
A skilled family law attorney helps you gather and present the evidence needed to show why a different arrangement may be necessary for your child’s well-being.
When Might a 50/50 Arrangement NOT Be in the Child’s Best Interest?
- A history of abuse or domestic violence: The law explicitly states the 50/50 presumption does not apply in cases where there is a pattern of domestic violence.
- The child’s developmental needs: A rigid 50/50 schedule might be disruptive for a very young infant who needs a primary attachment figure or a child with special needs who requires a highly consistent routine.
- Parental fitness: If one parent has an ongoing substance abuse issue, a significant mental health condition that impairs their judgment, or a lifestyle that could otherwise endanger the child, a judge will limit their time.
- Logistical challenges: When parents live far apart, a week-on/week-off schedule is typically not practical for the child’s schooling and social life. The daily commute and disruption become a significant obstacle.
- The child’s wishes: Depending on their age and maturity, the court will consider the child’s preference. The law now specifies the court should consider the child’s “unobstructed input, free of coercion and manipulation.”
The 8 Factors a Missouri Judge Must Consider (and How They Are Weighed)
The “best interests” standard is not a vague concept; it is defined by eight specific factors listed directly in Missouri law. A judge is required to consider evidence related to all of them before making a final decision. Understanding these factors is key to knowing how child custody is decided in Missouri.
Here’s what they are and what they mean in plain language:
- Each parent’s wishes and the parenting plan they submit.
What it means: The court wants to see a detailed, realistic parenting plan that shows you’ve thought about the practical details of co-parenting. A well-prepared plan demonstrates responsibility and a commitment to your child’s future stability. - The child’s need for a frequent, continuing, and meaningful relationship with both parents.
What it means: The court’s goal is to ensure the child benefits from both parents’ involvement. The focus is on which arrangement best supports and maintains these relationships. - The child’s interaction with parents, siblings, and anyone else who affects their best interests.
What it means: This factor looks at the child’s complete support system. The court considers who helps with homework, takes them to the doctor, knows their friends, and is involved in their daily life. - Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent.
What it means: This is a direct repeat of the second point, which shows just how important the court considers a parent’s willingness to co-parent. Blocking phone calls, refusing to be flexible with the schedule, or speaking poorly of the other parent is viewed negatively. - The child’s adjustment to home, school, and community.
What it means: Courts prefer stability and aim to disrupt the child’s life as little as possible. Keeping a child in the same school district, near their friends, and in familiar surroundings is a high priority. - The mental and physical health of all individuals involved.
What it means: This includes any issues with depression, instability, or substance abuse that could impact a parent’s ability to provide consistent and safe care for the child. - The wishes of the child as to his or her custodian.
What it means: There is no “magic age” where a child’s opinion becomes decisive. Generally, the older and more mature a child is, the more weight their opinion carries. A judge will typically speak to the child privately in their chambers to understand their perspective without pressure. - Any history of abuse or domestic violence.
What it means: A documented history of abuse will almost always prevent a 50/50 custody arrangement and could lead to supervised visitation or, in severe cases, a denial of custody rights.
Frequently Asked Questions About Missouri Child Custody
Do mothers usually get custody in Missouri?
No. The law is explicitly gender-neutral and prohibits a judge from favoring a parent because of their sex. Decisions are based on the best interests of the child and the eight factors listed in the statute, not the gender of the parent. Courts regularly award substantial custody time to fathers when the evidence supports it.
Do I have to go to court to get a custody order?
Not necessarily. If you and the other parent agree on all the terms of a parenting plan, you can submit it to the court for approval without a contested hearing. This is usually the best path forward, as it saves time, reduces divorce stress, and gives you more control over the outcome.
What if I live in Olathe, Kansas, but the other parent lives in Missouri?
This creates an interstate custody issue governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Generally, the case is handled in the child’s “home state.” The home state is where the child has lived for the six consecutive months before the case was filed. We help you determine the correct jurisdiction for your case.
Does the person who files for divorce first have an advantage in a custody case?
No. There is no legal advantage to being the person who initiates the case. The court’s decision will be based entirely on the eight best-interest factors, not on who filed the first petition. However, consulting a divorce lawyer early can help you understand how those factors may apply in your case.
Can a custody order be changed?
Yes. A final custody order may be modified, but only if there has been a significant and continuing change in circumstances that makes the old order no longer in the child’s best interest. Examples include a parent’s relocation, a change in a parent’s fitness, or the evolving needs of the child as they get older. In these situations, consulting a child custody modification lawyer can help ensure the court understands why a change is necessary.
How does a parent’s moving affect a custody order in Missouri?
The Missouri statute requires a parent planning to move the child’s residence for ninety days or more to provide written notice to all other parties with custody or visitation rights. This notice must go to the other parent at least 60 days before the move and include the new address, the reason for the move, and a proposed revised schedule. The court must approve any relocation.
Can a child’s preference determine the custody outcome?
No single factor, including the child’s preference, determines the custody outcome in Missouri. The court considers the child’s wishes as one of the eight statutory factors. A judge assesses the child’s age, maturity, and reasoning to ensure the preference represents the child’s independent, unobstructed input, free of manipulation.
When does the court award sole physical custody?
The court awards sole physical custody when circumstances show that giving one parent exclusive physical care better serves the child’s best interests. This usually happens when the parents cannot cooperate in a joint arrangement or when one parent presents significant concerns regarding fitness, safety, or stability. In this arrangement, the non-custodial parent typically receives reasonable visitation time.
Your Relationship with Your Child Is Not a Bargaining Chip
Your role is to present a clear, compelling case showing how you provide the stability, care, and love your child needs to thrive. You do not have to do this alone. An experienced child custody attorney guides you through each step, helping you understand the law, gather the right evidence, and present your story effectively.
To understand how these laws apply to your life and to start building a strategy focused on your child’s future, the next step is to get clear, professional information tailored to your circumstances.
Call Martin Law Group today at (913) 764-9700 to discuss your situation.