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))