Understanding Child Custody in Missouri: A Simple Guide for Parents

In Missouri, when parents separate or divorce, one of the biggest decisions they have to make is who will care for the kids. This is called child custody. Let's break it down so you know what to expect.

What Is Child Custody?

The legal blueprint for the care of a child after the parents separate is called custody. In Missouri, custody is composed of two elements:

Legal custody: Determines who is responsible for making major life decisions for a child, such as what school the child attends, or what sort of medical treatment the child receives.

Physical Custody: Physical custody is when a child lives with a parent most of the time.

Parents might have joint custody, wherein they share both types of custody, or one parent may have more responsibility and authority over the child, which is called sole custody.

How Do Missouri Courts Choose Custody?

The courts in Missouri place their emphasis on what is most beneficial for the child in an issue of custody or an issue related to minor children. They analyze factors such as, but not limited to:

• The age and health of the child.

• Caring for the child—How well each parent can do this.

• The bond a child has with each parent.

• The child has links to schools and communities.

• At times, what the child desires, particularly when they are older (generally 12 or beyond).

The law in Missouri doesn't favor either mothers or fathers; both parents start with equal rights and responsibilities. The goal is a happy child who is stable and well-adjusted.

Can Parents Decide Custody Themselves?

Indeed! A good number of fathers and mothers in Missouri manage to establish a custody arrangement without ever seeing the inside of a courtroom. You have several avenues to reaching an agreement and many parents take the direct route: they talk to each other and work out a plan. If that method is a bit too direct for you and your co-parent, you might choose to use mediation or enlist the help of some lawyers (with or without your co-parent) to draft a plan. Missouri courts actually prefer parents reach an agreement where possible. After all, who knows what's best for a child better than her parents?

What If Parents Can’t Agree?

When you can’t come to an agreement, a court in Missouri will intervene. Here’s what could take place:

• At the hearings, both parties will present their case.

• An expert, such as a counselor, may be requested by a judge to evaluate the family.

• The judge may speak to the child in private if the child is of sufficient age.

• The custody plan that best suits the child is the one the judge chooses.

Can You Change Custody Later?

Yes, but only if something big changes, like a parent moving far away or a child needing different care. You’ll need to ask a Missouri court to update the plan, and they’ll check if the change is good for the child.

Final Thoughts

Child custody in Missouri is all about keeping kids safe and happy. Whether you work with the other parent or go to court, focus on what’s best for your child. If you need help, a family lawyer can guide you through Missouri’s rules.

Need more info? Talk to a Missouri family law attorney to understand your rights! We have attorneys that can help anywhere in Western Missouri, from Platte County and Kansas City to Vernon County. Contact us today at 816-787-1979 or email us at Email@Bearden.Law to set up a consultation!