MISSOURI CHILD CUSTODY LAWS & REGULATIONS UPDATE 2023
A DECADE OF CHANGE: AN OVERVIEW OF MISSOURI’S CHILD CUSTODY LAWS AND REGULATIONS TIMELINE (2013-2023)
Over the last ten years, Missouri’s child custody laws and regulations have evolved to prioritize the best interests of children involved in custody disputes. This article provides an overview of key changes in Missouri’s child custody laws and regulations from 2013 to 2023.
2013: Child’s Best Interests Standard
– Adoption of the child’s best interests standard as the central consideration in custody determinations.
2014: Shared Custody Emphasis
– Emphasis on shared custody arrangements to encourage active involvement of both parents.
2015: Parenting Plans Requirement
– Introduction of mandatory parenting plans outlining
custody, visitation, and support arrangements.
2016: Child’s Preferences Consideration
– Consideration of the child’s preferences in custody determinations based on age and maturity.
2017: Grandparent Visitation Recognition
– Recognition of grandparent visitation rights in custody proceedings.
2018: Domestic Violence Protections
– Strengthened provisions to protect children from exposure to domestic violence.
2019: Mediation Promotion
– Emphasis on mediation as a means to amicably resolve custody disputes.
2020: Virtual Visitation Acceptance
– Acknowledgment of virtual visitation as a means for non-custodial parents to maintain contact.
2021: Military Deployment Consideration
– Consideration of the impact of military deployment on custody arrangements.
2022: Child Support Alignment
– Alignment of child custody and child support procedures for consistency.
2023: Relocation Guidelines
– Introduction of guidelines for parents seeking to relocate with their child, emphasizing stability.
Missouri’s continuous efforts to adapt child custody laws reflect the state’s dedication to the well-being of children and families. Staying informed about these changes is crucial for parents and legal professionals navigating custody matters.
Guide to Child Custody Laws in Missouri
Misinformation abounds about the child custody process. If you are a Missouri parent who is involved in a custody dispute, you should be prepared by knowing the child custody laws in Missouri. Judges in the state have a wide amount of discretion in determining where a child should live based on the best interest of the child. This guide can help you to understand the child custody laws in Missouri and give you a starting point for additional research about your child custody dispute.
Myths about Child Custody Laws in Missouri
One of the most pervasive myths about child custody is that custody will only be awarded to a parent based on their sex or how much money they make. Child custody laws in Missouri actually explicitly prohibit the court from discriminating against either parent based on their sex, their age, or their income level. While states used to award custody of very young children to mothers, Missouri no longer allows the age or sex of a child to be used to determine custody in any way.
Another myth about child custody laws in Missouri is that adolescents are allowed to decide who they want to live with. Until a child turns 18 and therefore no longer a minor, he or she is not allowed to make the final determination about custody arrangements. Child custody laws in Missouri do allow the wishes of a minor child to be taken into account during a custody dispute, but only as one factor, and only if the child is old enough to be making a rationally-based decision.
Legal Custody
There are two types of custody that can be awarded by a judge. Both types of custody can be given to either parent or both parents, depending on what the court feels would be in the best interests of the child. The first kind of custody, legal custody, dictates which parent or parents have control over decisions made for a child, including educational, religious, and health-related decisions.
Often, joint legal custody will be awarded, which means that parents must consult one another and work out an agreement about any major decisions involving a child’s schooling, health care, or religious instruction. If joint custody is ruled not to be in a child’s best interest, child custody laws in Missouri allow the judge to award sole custody to one parent. When this happens, the custodial parent no longer has to consult the non-custodial parent about decisions pertaining to their child, no matter how important.
Physical Custody
Physical custody refers simply to where a child lives. Parents with joint legal custody do not always have joint physical custody. Sometimes physical custody will be divided evenly, but often child custody laws in Missouri lead to children having one parent with primary physical custody.
Visitation
Parents without primary physical custody of their children are allowed to have visitation or parenting time according to a schedule laid out in a parenting plan or judge’s order. If the safety of the child might be compromised by unsupervised visitation, the visitation assigned may be supervised by a family friend or social worker.
