Custody

The judge will make a decision about custody based on what s/he thinks is in your child’s best interest. If the parents have not reached an agreement on all issues related to custody, then it will be up to the judge to decide. When deciding custody, the judge will look at what is in the best interests of the child and will consider all of the following factors:

• the parents’ wishes about custody and the proposed parenting plan submitted by both parents;
• the child’s need for frequent, continuing, and meaningful relationships with both parents;
• the ability and willingness of each parent to act in a way that considers the needs of the child;
• the child’s relationships and interactions with his/her parents, siblings, and anyone else who may significantly affect the child’s best interests;¹
• the child’s adjustment to his/her home, school, and community; Note: The judge cannot decide custody based only on the fact that a parent sends his/her child to a home school or family paced education school (FPE);²
• the mental and physical health of all individuals involved, including any history of abuse of any individuals involved;
• whether either parent plans to relocate with the child;¹
• the child’s unblocked (unobstructed) input about custody, free of coercion or manipulation, which could be told to the judge without the parents present;³ and
• which parent is more likely to allow the child to have frequent, continuing, and meaningful contact with the other parent. Note: If either parent has violated the parenting plan without good cause, this will be held against that parent when the judge evaluates this factor.⁴

Note: If the judge finds there was domestic violence and gives the abuser custody anyway, the judge must write a decision explaining why this is in the child’s best interests based on the facts and the law.⁵

Any custody order must include a specific written parenting plan. The parenting plan can be submitted by the parents and approved by the judge. Or, if the parents cannot agree, the judge can make the parenting plan.⁶ If the judge finds there was domestic violence, the custody and visitation orders must be written to protect you, your child, any other children in your home, and anyone else in your home who was the victim of domestic violence.⁷

¹ MO ST § 452.375(2)
² MO ST § 452.375(2)((5))
³ MO ST §§ 452.375(2); 452.385
⁴ MO ST §§ 452.375(2); 452.400(7)
⁵ MO ST § 452.375(2)((6))
⁶ MO ST § 452.375(9)
⁷ MO ST §§ 452.375(2)((6)); 452.400(1)((4))

A parent cannot get custody or unsupervised visitation if the parent, or any person who lives with that parent, has been convicted of one of the following crimes where the victim of the crime was a minor:

1. rape in the 1^st degree, 2^nd degree;
2. statutory rape;
3. sodomy in the 1^st degree, 2^nd degree;
4. statutory sodomy in the 1^st degree, 2^nd degree;
5. child molestation in the 1^st degree, 2^nd degree;
6. sexual misconduct involving a child;
7. sexual abuse in the 1^st degree, 2^nd degree;
8. sex with an animal - the requirement that the victim must be a minor clearly doesn’t apply to this crime;
9. enticement of a child;
10. abusing an individual through forced labor;
11. human trafficking for the purposes of labor or for the purposes of sexual exploitation;
12. sex trafficking of a child in the 2^nd degree;
13. contributing to human trafficking through the misuse of documents;
14. trafficking in children;
15. incest;
16. abuse or neglect of a child that involves abusive head trauma;
17. genital mutilation;
18. child used in sexual performance;
19. promoting sexual performance by a child.¹

However, if the parent, or someone who lives with the parent, was convicted of any other crime listed in chapter 566 or chapter 568, or a similar crime in another state, where the victim was a minor, the judge can give the parent custody or visitation.²

The judge can deny a parent visitation if, after a hearing, the judge decides that visitation would endanger the child’s physical health or harm his/her emotional development. The judge must consider evidence of domestic violence. However, the judge could still give visitation to the abusive party if the judge believes it is in the best interests of the child to do so.³ If the judge orders visitation, the judge must:

1. consider the abusive parent’s history of causing anyone, or the future likelihood of him/her causing anyone:
   • physical harm or the fear of physical harm;
   • bodily injury or the fear of bodily injury;
   • assault or the fear of assault; and
2. make sure that the visitation order will protect the abused parent, the child, and any other children living in the household from any further harm.⁴

If an abusive parent is given restricted or supervised visitation, the parent must show proof of treatment and rehabilitation before the judge can change the visitation order to unsupervised visitation.⁵

¹ MO ST §§ 452.375(3); 452.400(1)((2))(a)
² MO ST §§ 452.375(3); 452.400(1)((2))(b)
³ MO ST § 452.400(1)
⁴ MO ST § 452.400(1)((3)), (1)((4))
⁵ MO ST § 452.400(2)((3))