On July 6th, 2023 Missouri Governor Mike Parson signed into law senate bill 129 making 50/50 child custody the standard custody arrangement in Missouri divorces and child disputes. The recently signed legislation presumes this arrangement (50/50) is in the best interests of the child. This new law, sponsored by Cass County’s own Missouri State Senator Rick Brattin, took effect August 28th, 2023.
True joint 50/50 custody occurs when the children spend an equal number of overnights with each parent. In reality however, 50/50 custody means aiming for the child to stay overnight with each parent with as much accuracy as possible, but also an understanding that there is a little leeway.
How is the new Missouri custody law different than the previous law?
In the past Missouri courts determined child custody disputes using several factors including, “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.”
The new law establishes a “rebuttable presumption” that an award of equal, or nearly equal, parenting time is in the best interests of the child. Under the new law, this presumption is rebuttable by a preponderance of the evidence. A preponderance of the evidence means it is more than likely the facts raised as evidence to rebut the presumption are accurate. Exceptions to the new default rule include where both parents reached an agreement on an alternative custody arrangement, or if one of the parents can prove that abuse occurred using a preponderance of the evidence standard.
Courts now are forced to take into consideration all related factors when deciding whether the 50/50 custody presumption should be invalidated:
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What the child's parents desire. The wishes of the child’s parents must be considered when determining the appropriate custody arrangement.
The need of the child to have a meaningful relationship with both parents. Under the new law, Missouri courts now must determine 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 effectively execute their parenting roles.
The child’s other relationships, including brothers and sisters. Courts will evaluate other relationships children have when making custody decisions. These include the child’s relationship with siblings and other family members. All these factors are used to determine what situation is in the best interests of the child.
The parent who is more likely to facilitate the child having a meaningful relationship with the other parent — because Missouri Courts believe that a meaningful relationship with both parents is in the best interests of the child, the judge may favor the parent who is more likely to allow this, when making custody decisions.
The child’s adjustment to their home, school, and community. However, although the child’s adjustment to their surroundings is critical in determining whether equal parenting time is appropriate, the new law specifies that the fact a child is home schooled cannot 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.
Parent’s intention to relocate. The Court must consider the intention of either parent to relocate the child’s principal residence.
The child’s input. Under the previous law, courts were required to take the child’s wishes into account when determining who should be the child’s legal custodian. The new custody law changes 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.”
An award of 50/50 custody does not necessarily mean neither parent will receive child support. When custody is equally divided between the parents, a child support award would not be determined by the amount of parenting time, it would be based on each parent’s income relative to the other. Almost universally in these cases, the parent who makes less would be the parent receiving the child support payments.
Exceptions to the new 50/50 default rule
While the new Missouri 50/50 custody law encourages frequent, meaningful, and continuing contact between a child and both parents after a divorce or child custody dispute, the law recognizes that this arrangement may not always be the most ideal and beneficial solution.
The 50/50 custody presumption can also be rebutted “overturned” under Missouri’s new custody law if the court finds that there is significant evidence of domestic violence. In legal custody disputes where the child’s welfare would be placed at risk with 50/50 custody, such as with physical or emotional violence, child abuse, drug and substance abuse, and significant mental health issues, supervised visitation ordered by the judge would likely be the more appropriate option.
Other exceptions which may rebuke the 50/50 presumption in the new Missouri child custody law include logistical problems, incompatible employment or other schedules amongst the parents, and interference with school or school related activities. All 50/50 child custody schedules in Missouri legally must be feasible and make rationale sense in each case on a case by case basis.
Contact an Experienced Missouri Child Custody Attorney who focuses on helping fathers. The legal issues encountered in child custody disputes are legally complitcated and emotionally exhausting. If you are facing a custody dispute over your child, it’s essential to have knowledgeable attorney who represents you and can help you navigate the legal process in Missouri.
At the Men’s Center for Domestic Resolution we are a family law firm focused on helping men through divorce and child custody disputes in Cass County, Missouri and Jackson County, Missouri. If you would like to schedule a confidential consultation with attorney Robert Davis, please call us at (816) 287-1530. At the Men’s Center for Domestic Resolution, we got your back.
Yours truly ,
Rob Davis, Attorney at Law
Cell #816 522-3549.