The Missouri Legislature enacted a bill in 2016 that included a declaration in favor of custody agreements that allow children to spend as much time as possible with both of their parents.
The Missouri Legislature state that when it comes to child custody, the court must consider what is in the best interests of the child.
It is in the best interests of the child when the court determines that each parent is unfit, unsuitable, or unable to be a custodian; or that the child’s welfare necessitates it; and that it is in the best interests of the child to award custody, temporary custody, or visitation to any other person or persons who are deemed suitable and able to provide an adequate and stable environment for the child.
When the parties are unable to reach an agreement on all issues pertaining to custody, the court will evaluate all relevant facts and enter written findings of fact and conclusions of law, which may include, but are not limited to, the following:
- The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
- The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
- Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
- The child’s adjustment to the child’s home, school, and community;
- The mental and physical health of all individuals involved, including any history of abuse of any individuals involved;
- The intention of either parent to relocate the principal residence of the child;
- The wishes of a child as to the child’s custodian.
Parents are required to file a parenting plan to the court, either individually or jointly, under the terms of the law. Courts prefer that parents sort out custody agreements themselves. They may accomplish it on their own or with the assistance of their lawyers or a trained mediator.
Joint Custody
It is important to note the context of joint legal terms in Missouri State Laws to avoid any further confusion.
Joint physical custody indicates that each parent has frequent and regular contact with the child, as well as having the child for a considerable amount of time during which time the parent is the primary caregiver
Join legal custody indicates shared decision-making rights and responsibilities in child health, education, and welfare are included. You will need to confer with the other parent when making choices about the health, education, and welfare of the child under a joint legal custody arrangement.
Prior to awarding the appropriate custody arrangement in the best interest of the child, the court shall consider each of the following as follows:
- Joint physical and joint legal custody to both parents, which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award. The residence of one of the parents shall be designated as the address of the child for mailing and educational purposes;
- Joint physical custody with one party granted sole legal custody. The residence of one of the parents shall be designated as the address of the child for mailing and educational purposes;
- Joint legal custody with one party granted sole physical custody;
- Sole custody to either parent; or
- Third-party custody or visitation:
Custody may be given to a person who the court believes is acceptable and competent to provide a sufficient and stable environment for the kid, in the best interests of the child.
Read the complete Revised Statues of Missouri Child Custody Laws.