The basics of child custody in Missouri
In Missouri, when a court decides on child custody, it addresses the specific issues of legal custody and physical custody. Legal custody pertains to which parent will have decision-making authority for the child, while physical custody concerns which parent the child will live with, as detailed in the following section. Custody arrangements are further defined as joint custody or sole custody.
Joint legal custody entails both parents sharing decision-making responsibilities for the child, covering areas such as welfare, education, religion, healthcare, and extracurricular activities. Parents with joint legal custody are expected to collaborate and make decisions together regarding the child.
Sole legal custody, on the other hand, grants one parent the authority to make decisions concerning the child's welfare, health, and education. While the parent with sole legal custody has the final decision-making power, they are typically still required to consult with the non-custodial parent on matters related to the child. Unlike joint legal custody, agreement between the parties is not mandatory under sole legal custody.
In determining the child's legal custody, the court considers the child's best interests based on various factors, including the parents' preferences, the child's needs, their relationships with each parent and other family members, the parent most likely to facilitate ongoing contact with the other parent, each parent's living situation and potential relocation plans, the mental and physical well-being of all parties involved, and the child's wishes if they are old enough to express a meaningful opinion.
This overview provides a brief insight into child custody laws in Missouri and is not intended as legal advice. Since every case is unique, it is advisable to seek guidance from a Missouri attorney to understand how the law applies to a specific situation.