Child Custody Factors
Missouri courts determine custody decisions based on the child’s best interest. Under Mo. Rev. Stat. § 452.375(2), the factors they consider include:
- The wishes of the child’s parents and the proposed parenting plan
- The needs of the child to continue a meaningful relationship with both parents
- Each parent’s ability and willingness to perform parental roles
- The child’s existing relationship with parents, siblings, and anyone else who may significantly affect the child’s best interest
- The child’s adjustment to their home, school, and community
- Each parent’s mental and physical health and history of abuse
- Whether either of the parents plans to relocate
- The child’s preference with regard to custody
How to File for Custody in Missouri
1. Agree on a Parenting Plan
The parents of the minor child should discuss custody arrangements and work to complete the parenting plan together. If they are unable to reach an agreement, they can each complete and file their own proposed parenting plan for the court to review.
2. Calculate Child Support
Use the Child Support Amount Calculation Worksheet to determine an estimate of how much child support may be ordered by the court. Factors that are considered when calculating child support include each parent’s monthly gross income, the number of eligible children, health insurance costs, and more.
3. File the Petition
Complete and file the Petition for Child Custody in the circuit court of the county where the child resides. This should be filed along with the completed parenting plan and other required paperwork:
- Petition for Dissolution of Marriage (CAFC001)
- Certificate of Dissolution of Marriage
- Statement of Income and Expenses (CAFC050)
- Statement of Property and Debt and Proposed Separation Agreement (CAFC040)
- Judgment and Decree of Dissolution of Marriage (CAFC070)
- Filing Information Sheet
- Notice of Hearing (CAFC721)
If the case is uncontested, the other parent should file an answer that agrees with everything in the petition. If the case is contested, the other parent will have 30 days to formally respond with a formal Answer.
All paperwork must be signed in the presence of a notary public. Filing fees vary by county.
4. Attend the Hearing
For uncontested cases, a judge will review the parenting agreement and make sure that the arrangements are in the best interest of the child and that both parents are still in agreement.
For contested cases, a judge may order the parents to go through a mediation process. If the parents are still unsuccessful in reaching an agreement, the case may go to trial, where both parents’ proposed parenting plans will be reviewed along with other evidence and testimonies.
Custody Laws
- Child’s preference: The court may consider the child’s wishes with regard to custody. (Mo. Rev. Stat. § 452.385)
- Grandparents’ visitation rights: Mo. Rev. Stat. § 452.402
- Non-custodial parent’s visitation rights: Mo. Rev. Stat. § 452.400
- Parenting plan requirements: Mo. Rev. Stat. § 452.310
- Uniform Child Custody Jurisdiction and Enforcement Act: Mo. Rev. Stat. § 452.700 – 452.930
Related Forms
