101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Joint Legal Custody & Sole Legal Custody

Missouri Revised Statutes 452.375 is the primary statutory section on point relating to custody. Custody is the umbrella term that can, without qualification, refer to physical custody and legal custody. The former is which parent/guardian actually has the child with him/her; the latter refers to which parent/guardian has decision-making power regarding the child.

The presumption — and preference — under Missouri Law is joint legal custody. Accordingly, with a joint legal custody decree, the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. The reason for this presumption and preference is that the law prefers a child to have frequent and meaningful contact with both parents, and that is accomplished by, among other things, both parents being active participants in the decision-making process.

The statute then articulates a number of factors for the Court to include in cases where custody is disputed:

(1) The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;

(2) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;

(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;

(4) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;

(5) The child’s adjustment to the child’s home, school, and community;

(6) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence as defined in section 455.010 has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;

(7) The intention of either parent to relocate the principal residence of the child; and

(8) The wishes of a child as to the child’s custodian. The fact that a parent sends his or her child or children to a home school, as defined in section 167.031, shall not be the sole factor that a court considers in determining custody of such child or children.

Leave a comment