Shared Parenting Time
“Shared Parenting Time” is the presumption in Missouri. Missouri courts have long favored joint child custody arrangements whenever possible to help ensure both parents are actively involved in their child’s life. However, a new custody law in Missouri was recently passed last year that establishes a standard of equal parenting time and modifies the factors courts must consider when determining custody arrangements. The legislation was signed by Governor Parson on July 6, 2023, making 50/50 custody the default in child custody matters, with the presumption that it is in the best interests of the child. This new law took effect in August of 2023.
Courts previously determined child custody matters by weighing several statutory factors, including the best interests of the child. The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child. Under this new legislation, the presumption is rebuttable by a preponderance of the evidence. This is the standard of proof applied in most civil cases — it means it is more likely than not that the facts raised as evidence to rebut the presumption are true.
Specifically, the court must consider all relevant factors when deciding whether the 50/50 custody presumption should be rebutted, including the following factors:
The wishes of the parents — The parents’ wishes regarding the custody arrangement and the proposed parenting plan must be considered.
The child’s needs for a meaningful relationship with their parents — A judge must evaluate the child’s need for a frequent, continuing, and meaningful relationship with both parents, as well as the ability and willingness of each parent to perform their role actively.
The child’s relationship with siblings and others — In addition to considering the child's relationship with their parents, a court should look at their interaction with their siblings and any other person who could impact their best interests.
Which parent is more likely to encourage a meaningful relationship with the other — A judge will need to determine which parent will allow frequent, continuing, and meaningful contact between the child and the other parent.
The child’s adjustment to their home, school, and community — While the child’s adjustment to their environment is crucial in determining whether equal parenting time is appropriate, the new law specifically states that the fact a child attends home school should not be the sole factor in determining custody.
The mental and physical health of all parties involved — The court should evaluate the mental and physical health of both the parents and the child, including any history of abuse.
Either parent’s intention to relocate — A judge must consider the intention of either parent to relocate the child’s principal residence.
The child’s unobstructed input — Under the previous law, courts were required to take the child’s wishes into account when determining who should be the child’s custodian. The new custody law in Missouri modifies the language of the statute to mandate that the court consider the “unobstructed input of a child, free of coercion and manipulation, as to the child’s custodial arrangement.”
If you are interested in speaking with an attorney on child custody matters, reach out to Langley Law for a consultation.
