Child Custody Laws in Missouri
How courts in Missouri decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody is decided by the child's best interests. There is a rebuttable presumption that equal or approximately equal parenting time for each parent is in the child's best interests; RSMo § 452.375
| Child custody | Custody is decided by the child's best interests. There is a rebuttable presumption that equal or approximately equal parenting time for each parent is in the child's best interests; it can be rebutted by a preponderance of the evidence, if the parents agree on all custody issues, or if there is a pattern of domestic violence. When parents do not agree, the court must make written findings on factors including the parents' wishes and proposed parenting plans; the child's need for a frequent, continuing and meaningful relationship with both parents; the child's relationships with parents, siblings and others; which parent is more likely to allow contact with the other parent; the child's adjustment to home, school and community; the mental and physical health of everyone involved, including any history of abuse; any intention to relocate; and the unobstructed input of the child, free of coercion and manipulation. No specific age is set for the child's input. Custody or unsupervised visitation may not be given to a parent (or someone living with them) found guilty of listed offenses against a child. Source: RSMo § 452.375 |
|---|---|
| Parenting class or mediation | Yes, generally. In a divorce or legal separation involving minor children, or a later case deciding custody, the court must order the parties to attend educational sessions on the effects of custody and divorce on children, unless there is good cause (for example, the parties agreed on custody and visitation, or attending would endanger a party or child) or local court rule provides otherwise. The court may also order children to attend age-appropriate sessions. What is said in the sessions is not used in deciding the case. Source: RSMo §§ 452.605, 452.607 |
Where to get help in Missouri
More Missouri divorce & family law
- Getting a Marriage License in Missouri
- Adopting a Child in Missouri
- Guardianship of a Child or Adult in Missouri
- Establishing Paternity in Missouri
- Changing Your Name in Missouri
- How Child Support Is Calculated in Missouri
- Divorce Records in Missouri
- Alimony and Spousal Support in Missouri
- How to File for Divorce in Missouri
- Legal Separation and Annulment in Missouri
- All Missouri divorce & family law rules
FAQ
How is child custody decided in Missouri?
Custody is decided by the child's best interests. There is a rebuttable presumption that equal or approximately equal parenting time for each parent is in the child's best interests; it can be rebutted by a preponderance of the evidence, if the parents agree on all custody issues, or if there is a pattern of domestic violence. When parents do not agree, the court must make written findings on factors including the parents' wishes and proposed parenting plans; the child's need for a frequent, continuing and meaningful relationship with both parents; the child's relationships with parents, siblings and others; which parent is more likely to allow contact with the other parent; the child's adjustment to home, school and community; the mental and physical health of everyone involved, including any history of abuse; any intention to relocate; and the unobstructed input of the child, free of coercion and manipulation. No specific age is set for the child's input. Custody or unsupervised visitation may not be given to a parent (or someone living with them) found guilty of listed offenses against a child.
Do you have to take a parenting class to divorce in Missouri?
Yes, generally. In a divorce or legal separation involving minor children, or a later case deciding custody, the court must order the parties to attend educational sessions on the effects of custody and divorce on children, unless there is good cause (for example, the parties agreed on custody and visitation, or attending would endanger a party or child) or local court rule provides otherwise. The court may also order children to attend age-appropriate sessions. What is said in the sessions is not used in deciding the case.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.