Legal Articles

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…

Child Custody

Physical custody refers to which spouse is physically with a child (who has “possession”). Legal custody refers to which spouse has the decision-making authority over the children (e.g., what school they attend, health insurance, extracurricular activities, etc.) In a dissolution of marriage proceeding involving children, it is not easy for one parent to attain sole…

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