Child Custody Law in Missouri

Missouri Courts look at many factors when determining the custody of a child. These factors can be complicated and confusing, but they all revolve around a single, central goal: to serve the child's best interests.

If you're trying to gain custody of a child in mid-Missouri, an experienced lawyer at the Lake of the Ozarks can help guide you through the factors that influence the Courts' decision. While not a complete list, this list can give you a solid foundation of the factors to consider concerning child custody in Missouri. 

(These factors are taken from Section 452.375 of the Missouri Revised Statutes.)

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2. The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors, including: 

(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.

Child Custody Law looks to find what is in the best interest of the child. Our child custody lawyers at the Lake of the Ozarks will fight for your rights and create a plan of action to attempt to get you the best possible results. We hope this list helps you better understand child custody law in Missouri. If you are in need of a child custody lawyer, call our office today.

Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.

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