Increasingly, state laws across the country are recognizing that children are typically better off if their parents can share custody of them more or less equally following divorce or separation. That holds true for Missouri.
Missouri law has been amended to add a “rebuttable presumption” after parental separation or divorce that “an award of equal or approximately equal parenting time to each parent is in the best interests of the child.”
This means that a parent can rebut the presumption that equal parenting time is best for their child if a “preponderance of the evidence” shows otherwise. One example would be if a “pattern of domestic violence has occurred.” Further, parents can reach a decision on their own that one parent should have primary or even sole custody.
If parents aren’t able to negotiate a custody agreement on their own, the court is required to follow the law. That may involve each parent presenting evidence or testimony supporting their wishes for child custody.
Factors a court can consider when determining custody
Among the relevant factors a court is to consider when determining what’s in a child’s best interest are the following:
- Each parent’s wishes and proposed parenting plan
- The “willingness of parents to actively perform their functions…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”
- The child’s need for a “frequent, continuing and meaningful relationship with both parents”
- The intention of either parent to relocate with the child
- The “mental and physical health of all individuals involved”
The court may also wish to hear from the child, depending on their age and maturity. The law states that the court can get the “unobstructed input of a child, free of coercion and manipulation, as to the child’s custodial arrangement., including any history of abuse of any individuals involved.”
It’s typically best for everyone involved if parents can work out a parenting plan and custody agreement together, with their individual legal representatives, rather than having to put the decision in a judge’s hands. However, sometimes that’s just not possible. Either way, seeking personalized legal guidance before navigating a custody dispute is generally a very wise course of action.
