Child Custody in Missouri: How the Courts Decide What’s Best for Your Child
If you and your child's other parent cannot agree on custody, you may worry about how a judge will decide where your child lives and how much time you will have together. Missouri courts decide custody based on the child's best interests by considering factors such as each parent's proposed parenting plan, the child's relationships and needs, and stability at home and school.
Missouri generally assumes that equal or approximately equal parenting time with both parents is best for the child. However, the court can order a different schedule if the circumstances and evidence show that equal parenting time would not serve your child's best interests. When making its decision, the court will consider all relevant circumstances, including the factors listed below.
At the Law Office of Jill Turner, LLC in Kansas City, Missouri, I help parents address child custody and other family law matters. I can explain how the state's custody laws apply to your circumstances, help you prepare your case, and represent you when custody issues are disputed. Contact me to schedule a consultation and discuss your situation.
Each Parent's Wishes and Proposed Parenting Plan
The court will consider what you and the other parent are asking for and the parenting plans each parent proposes. Your parenting plan should explain how you believe custody should work, including when your child will spend time with each parent and how you and the other parent will handle important decisions.
A practical plan should account for your child's actual routine. When developing a proposed arrangement, consider school schedules, holidays, transportation, extracurricular activities, childcare, and each parent's availability. These details can help show the court how your plan would work in your child's daily life.
As a Kansas City family law attorney, I can help you develop a proposed parenting plan that addresses your child's routine and the issues that may affect custody. I can also help you present your proposed arrangement and explain why you believe it serves your child's best interests.
Your Child's Need for a Meaningful Relationship With Both Parents
Missouri courts will consider your child's need for frequent, ongoing, and meaningful relationships with both parents. The judge will also evaluate whether you and the other parent are willing and able to perform your parenting responsibilities and meet your child's needs.
The court will also consider your involvement in your child's education, medical care, daily routine, and activities. The court may also look at whether you can provide appropriate care during your parenting time and remain actively involved in your child's life.
Your Child's Relationships With Parents and Other Important People
The court will examine your child's relationship with you, the other parent, siblings, and other people who may significantly affect their best interests. The judge may look at who plays a meaningful role in your child's daily life and how a proposed custody arrangement could affect those relationships.
For example, if your child lives with you and a sibling and regularly spends time with a grandparent who provides after-school care, those existing relationships may be relevant when the court evaluates a proposed custody arrangement. However, a close relationship with a sibling or grandparent is only one part of the analysis and will not automatically determine custody.
Each Parent's Willingness to Support the Other Parent's Relationship With the Child
The court will evaluate which parent is more likely to allow your child frequent, continuing, and meaningful contact with the other parent. In other words, the judge will look at whether each parent will support the child's relationship with the other parent rather than unnecessarily interfere with it.
For example, repeatedly refusing scheduled parenting time or unnecessarily preventing reasonable communication between your child and the other parent may be relevant. A parent's past conduct toward the other parent's relationship and contact with the child can therefore affect the court's custody analysis.
Your Child's Adjustment to Home, School, and Community
The court will consider how well your child has adjusted to home, school, and community, and your child's existing routine can impact how the judge evaluates different custody arrangements.
For instance, your child's school attendance, activities, friendships, and current living arrangements may be relevant. If you and the other parent propose different custody schedules, the judge can evaluate how each arrangement could affect your child's established routine.
Each Party's Mental and Physical Health
The court takes into account the mental and physical health of each party involved in the custody case. A physical or mental health condition does not, by itself, determine custody. Instead, the issue is how a party's mental or physical health will affect the child's care, safety, or well-being.
For example, the court will consider whether a health condition affects a parent's ability to provide necessary supervision or meet the child's daily needs. Missouri law also specifically addresses abuse and domestic violence. When the court finds that domestic violence has occurred, additional legal requirements may affect how it structures custody and parenting time.
Either Parent's Plans to Relocate the Child's Principal Residence
The court will consider whether you or the other parent intends to relocate your child's principal residence. A move can affect your child's daily routine and custody and parenting arrangements, especially if the new location makes the existing schedule harder to follow.
For example, moving farther away may affect where your child attends school, how often your child can spend time with each parent, and who handles transportation between homes. Judges will evaluate these effects when deciding what arrangement serves your child's best interests.
Missouri also has separate legal requirements when a parent plans to relocate the child's principal residence for 90 days or more. If you want to move with your child or object to the other parent's proposed move, you may need to address those requirements in addition to the custody issues raised by the relocation.
Your Child's Input About Custody
Missouri law directs the courts to hear your child's unobstructed input about the custody arrangement, free from coercion and manipulation. However, this does not mean your child gets to decide custody. The judge will weigh your child's input along with the other relevant circumstances. In these cases, avoid pressuring your child to choose between you or trying to influence what your child says about custody.
Contact My Firm to Discuss Your Missouri Child Custody Case Today
No single factor automatically determines custody. Missouri courts consider the relevant circumstances together when deciding what arrangement serves your child's best interests. Understanding what the court considers can help you focus on your child's needs and develop a parenting arrangement that works in practice.
At the Law Office of Jill Turner, LLC, I help parents in the Kansas City area address child custody and other family law matters. I can review your situation, explain your legal options, and represent you in custody disputes. Contact me today to schedule a consultation.