Missouri Child Custody Factors

Wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties.
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.
Interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests.
Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.
Child’s adjustment to the child’s home, school, and community.
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 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 the parent or other family or household member who is the victim of domestic violence from any further harm.
Intention of either parent to relocate the principal residence of the child.
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 shall not be the sole factor that a court considers in determining custody of such child or children.
The court shall not award custody of a child to a parent if such parent has been found guilty of, or plead guilty to, a felony sex crime when the child was the victim.
As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent’s age, sex, or financial status, nor because of the age or sex of the child

Missouri Revised Statutes Sec. 452.375. 1.

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Comments

Comment from Mark
Time: April 2, 2008, 6:54 pm

My ex is getting ready to remarry and wants to relocate to Florida. She has primary custody of our child. After the divorce I moved in with my parents and getting ready to file for chapter 7. I went back to school and started my own business. When I decided to go to school and work for myself I fell behind on my child support, but never my child care. I feel vulnerable to the court finacially. I have an opportunity to provide more for my child financially by taking a job out of town. I want to ensure that I can see my girl when ever I want. Is this possible?

Comment from Julie
Time: April 4, 2008, 10:12 am

My husband’s ex deliberately keeps his daughter from seeing him on his weekends. The girl is 8 yrs old, her mother entices her with better things to do, so the girl would want to decline seeing her father!
We were planning on taking my kids and his to Colorado for one week this June. And the girl’s mother keeps coming up with new “illnesses”; and reasons not to let her go. My husband just wants equal time with his daughter. He’s ordered to pay child support and he pays on time every month but goes with out seeing his girl for 1-2 months here and there…and then its for only one day…because of his controlling ex. We don’t have the $ for a lawyer!! Any suggestions?!

Comment from papa
Time: April 5, 2008, 12:22 am

@ Mark… sorry to say but this is not possible. It seems like it should be, right? This is your daughter, right? But, no… the noncustodial parent cannot see his child whenever he wants. Fucked-up country we’re living in… is it not?

Comment from papa
Time: April 5, 2008, 12:27 am

Hi Julie… okay… based upon your short comment…. is the mother violating an existing visitation order? If so, you can definitely file a motion of interference with custody… stopping dad from exercising his court-ordered visitation is illegal ….. since you don’t have money for a lawyer, you are going to have to go pro se (you’re your own lawyer) … a lot of people actually feel that this is a better way to go.. but, in order to do this, you need to do a good bit of studying and preparing …. check out this link to a cool little bookstore I put together:
http://www.princedaddy.com/about/fathers-rights-custody-books/
Also, here’s a forum that could help you:
http://ancpr.com/forum/index.php

Basically, stay cool, get prepared! … and good luck

Comment from James Snider
Time: April 13, 2008, 8:14 pm

Missouri law changed in August if a child is in collage till 22 is it 21 we stop paying or 22?

Comment from papa
Time: April 13, 2008, 9:31 pm

Hi James, the rule is going to be the most current version of the law. What this website does is quite ambitious in that we’re trying to gather as much law and info together in the same place…. the downside of this is that laws change and staying current with everything is very difficult…

that’s why I say that the goal of this website is to be a great starting point, and, that people need to use this as a launchpad from which to further investigate……

http://www.princedaddy.com/our-disclaimer/

good luck to you James!

Comment from Felicia
Time: May 5, 2008, 6:43 pm

I was just wondering, my cousin’s girlfriend hits and punches him all the time but he doesn’t want to leave because he has a 6 month old baby with her. She has been arrested once for beating him up while he was holding the baby, but they didn’t do anything about it.What’s the best thing for him to do? They live in Missouri, so i didn’t know what the law is there for custody aggreements.

Comment from papa
Time: May 5, 2008, 7:41 pm

Well, if she’s going to be getting arrested for violence, sooner or later he’ll be able to get custody if that’s a goal that he’s committed to. …. that’s my little prediction based upon your little comment ………… good luck to you folks!

Comment from Debbie
Time: May 7, 2008, 7:37 pm

I belive my boyfriend’s daughter is a victim of mental abuse from her mother. The mother constantly tells her how her father doesn’t value her, and he doesn’t care about her. Since this has started (about 3 years ago) the girl has threatened kids with knives twice. She is 11 and is encouraged to wear padded bras and makeup (mom knows it upsets dad) and is expressely told to lie to him about her internet page. She has been left alone while mom goes to work before, and there is nothing we can do. The police won’t get involved, and DFS says until something actually happens they can’t do anything. I can’t believe that this is acceptable. I did research on PAS, and while I have found that it is considered child abuse, it cannot be prosecuted. Do I have any options?

Comment from papa
Time: May 8, 2008, 1:24 am

Yes, Debbie… you do have options?
It sounds to me like you haven’t recently consulted with a lawyer.
That’s fine. You may end up needing one… but, first things first.
Do you currently have a court order?
What does it say?
Does it out line a visitation schedule?
Has mom interfered with (prevented) any visits?
We need more info…….
Why did the mothers behavior towards the daughter suddenly change 3 years ago?
What’s on her internet page that she’s lying about? This could be good evidence so find a way to save the internet pages……..
The police aren’t going to get involved at this level because it’s not a criminal matter…….. it’s a civil matter…………..
PAS isn’t acceptable in a lot of states but the sort of checklist of characteristics can be useful for presenting in “a best interest” argument, but, you just don’t mention parental alienation syndrome by name…
etc
etc

Comment from mac
Time: May 14, 2008, 9:20 pm

I’m a former soldier that like many others have spent most my time at war or in another country. Then when i got home it was hard for me to ajust, but I’m working on it and doing better. Well the day I got my ETS papers I also got my divorcied papers. When we went to court my ex told them that she thought I was a threat to our boys. Even though I have never harmed her or our boys. Indoing so she was givin sole custody and I was ordered to pay $882 a month and carry all insurence, but in return she was ordered to provide me with the name and phone numbers of the childerens babysitters and she has not. I can’t affored an attorney, and between school, work, and bills I can barely make my child support. I’m at my witts end ,but I know I have to keep fighting for my boys. What can I do?

Comment from papa
Time: May 15, 2008, 12:31 am

Hi Mac,
I’ve got a good friend who served over in Bosnia some years back, and, he’s got some problems as a result.. so, I can feel your situation to an extent….. if your ex was ordered to give you that info and she doesn’t, then she is in contempt…

I understand that you don’t have the money for an attorney, and, it sounds like you don’t exactly have the time to do the research to represent yourself……. you can try to search out some sort of pro bono attorney …… and, here is a service which is very cool in which you can get a lawyer to answer questions for cheap:

http://www.princedaddy.com/family-law-questions-answered-for-a-fee/

I’d encourage you to read, research, ask questions like you’re doing here, network in your area…… see if there are any father rights groups or mens groups .. talk to dads in your situation and keep the faith

Comment from tammy
Time: June 5, 2008, 5:22 pm

ok i have custody of my 14 yr old daughter, he father has been popping in and out of her life since she was born. she knows him and has spent some time with him may of 08,but chooses not too if he takes me to court does she have say so if she wants to see him or not. he’s posed to pay child support i havent gotten anything since last yr. he claims he dont file his taxes every yr just every 2 or 3 yrs so he goets more isnt that illegal. i am married have have been since my daughter was 2. and he never calls claims he’s to busy it’s always his wife calling and relaying messages.. thanks in need of help.

Comment from papa
Time: June 6, 2008, 7:51 pm

If the court order says that the dad has visitation; then, yes, she has to see him. She is not an adult. She needs her dad. Do your best to help him be the best dad he can be rather than going out of your way to try and fuck him up.

Comment from tammy
Time: June 8, 2008, 1:29 am

im trying my best i let him come and get her and it’s not crt ordered im doing this cause i want her to know him but also dont want to force her. he says if she wont come then he will take it to court, then if he does get rights what do i do if she will not go

Comment from papa
Time: June 8, 2008, 6:55 am

You just have to do the best you can Tammy ….. there aren’t any magic answers…. these things often work themselves out with time……..

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