*when enrolling into a membership, you agree to receive membership information via phone, email and text message.
*when enrolling into a membership, you agree to receive membership information via phone, email and text message.
A Missouri court determines child custody based on the "best interests of the child" standard and is gender-neutral, meaning mothers are not favored over fathers.
However, if the parents are unmarried and there is no court order, the mother automatically has sole legal and physical custody until paternity is established and a court issues a custody order
Best Interests of the Child: This is the paramount standard for all custody decisions. The court evaluates several factors to determine what arrangement best supports the child's well-being.
Gender Neutrality: Missouri law explicitly prohibits giving preference to either parent based solely on their sex, age, or financial status.
Presumption of Equal Time: Missouri law creates a rebuttable presumption that equal or approximately equal time with both parents is in the child's best interest. This means the court starts with the assumption that a 50/50 arrangement is ideal, but a different schedule can be ordered if evidence shows it better serves the child's best interests.
Custody is divided into two parts, which can be shared (joint) or given to one parent (sole):
Legal Custody: The right to make major decisions about the child's welfare, including education, healthcare, and religious upbringing.
Joint Legal Custody is common and means both parents share this decision-making authority.
Sole Legal Custody means one parent makes these decisions.
Physical Custody: Determines where the child lives and the day-to-day care.
Joint Physical Custody means the child spends significant, but not necessarily equal, time with each parent.
Sole Physical Custody means the child primarily lives with one parent, and the other parent typically has visitation (often called "parenting time" or "family access").
A judge must consider all relevant factors, including:
The wishes of the parents and the proposed parenting plan submitted by each.
The child's need for a frequent, continuing, and meaningful relationship with both parents and the parents' willingness to actively perform their functions.
The interaction and interrelationship of the child with parents, siblings, and anyone else 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 their home, school, and community.
The mental and physical health of all involved, including any history of abuse.
The wishes of the child as to custody, with weight given based on the child's age and maturity.
The intention of either parent to relocate the child's principal residence.
To begin or respond to a child custody case, you will typically need to file a set of specific forms with the Circuit Court in the county where the child resides.
You can often find Missouri court forms, including the ones below, on the official Missouri Courts website or the website for your local Circuit Court. Look for resources related to Self-Representation in Family Law Matters (often using the "CAFC" prefix).
Key forms generally include:
Petition for Child Custody (Form CAFC201): This is the main document used to open a new case seeking a custody order.
Parenting Plan (Form CAFC501): A crucial document detailing the specifics of the custody arrangement, including:
Residential schedule (weekdays, weekends, holidays, summer).
Decision-making authority for major issues (legal custody).
Transportation and exchange details.
Income and Expense Statement (Form CAFC250): Used to determine each party's financial status, which is necessary for calculating child support.
Child Custody and Support Judgment (Form CAFC270): A proposed order outlining the final custody arrangements and child support calculations for the judge's review.
Confidential Case Filing Information Sheet: Contains identifying information required by the court system.
