The types of custody generally granted by Missouri laws and courts are generally considered standards and similar to those of other states. The Child Custody Act and Missouri courts are both physical custody and custody, as well as a single or common right in all cases. A co-parent with physical custody is responsible for the daily care of the child. A custodial co-parent is responsible for determining the child`s upbringing, including matters relating to education, health care, religion and other important aspects of the child`s life. The co-parent with custody of the child may not use this status as a means of infringing or damaging the custody or access rights of the non-legal guardian co-parent. Co-parents are also encouraged to develop their own educational plans outside of court, which the court will verify and consider when determining a custody agreement. The governor signed HB in 1550 on July 1, 2016. Mark A. Wortman is a family law attorney in Kansas City, Missouri. His practice focuses exclusively on divorce, custody and other family matters.
Please contact us today online or at (816) 523-6100 to arrange a confidential consultation interview with an experienced lawyer. Missouri law states that a custody agreement must be in “the best interests of the child.” It does not contain a specific definition of the term. Instead, courts have a wide margin of discretion in deciding custody issues and offer a long list of factors that courts should consider when determining whether a particular custody plan meets the standards of “best interest.” A law passed by the Missouri Legislature in 2016 contained a statement in favor of custody agreements that give children as much time as possible with each parent. A bill that has not been passed in several previous Parliaments would go above and beyond by establishing a “rebuttable presumption” that access to both parents is in the best interests of a child. Proponents of “shared kinship” agreements have supported such legislation and criticized court rulings for ignoring changes to state law made by the 2016 legislation. In uncontested cases where the parties have agreed on all matters relating to the custody, access and sustenance of the child, it is generally not necessary for the child to appear in court. If the parties are unable to agree on a custody agreement for their children, the parties may go through mediation. . . .