Co-Parenting in Missouri

The resources on this page contain valuable information about co-parenting and are specifically related to families that are co-parenting in Missouri.

Co-parenting in Missouri presents a unique set of opportunities and challenges, demanding cooperation, understanding, and a shared commitment to the well-being of your children. As divorced or separated parents, your role in raising your children becomes even more critical, as they are the most affected in a divorce. A co-parenting class is mandatory and would help you and your co-parent navigate the intricacies of co-parenting in Missouri. You are equipped to handle your relationship with your co-parent in a way that benefits your children and discover the pathways to successful and fulfilling shared parenting.

You and your co-parent must take educational sessions and classes concerning the effects of dissolution on a child, and the court may order that your child participates in these classes.

ON CUSTODY AND VISITATION

Missouri Courts will give you the custody of your child taking into account the willingness of you and your co-parent to cooperate, and the child’s best interest, safety, and preference.

Custody in Missouri is divided into five specific categories including joint and physical custody by both parents, joint legal custody by both parents and physical custody by one parent, sole custody (both legal and physical by one parent), and third-party visitation or custody generally awarded to grandparents.

If as a co-parent you are not granted custody of the child, you are entitled to reasonable non-custodial visitation rights unless the court finds, after a hearing, that the visitation would endanger the child’s physical health or impair his or her emotional development.

The Missouri Courts will factor in your child’s wish if the child is mature enough, and had solid reasons for his or her choice. The judge may choose to not have your child come into the court to determine his or her preference, and instead, your child’s mental health examiner or guardian ad litem may represent your child and state his or her wish in court on his or her behalf.

A Judge will decide for your family if you and your partner cannot come to a decision, but, they prefer to have you and your co-parent work out the custody arrangements with the aid of an attorney or a qualified mediator.

The Courts will consider factors such as the type of arrangement, the decision-makers, and the factors affecting and influencing the decisions made in determining who gets custody of the child.

Judges will consider your child’s best interest when awarding custody and will make a custody order that includes a parenting plan submitted by you and your partner and approved by the judge. Where a parent has committed domestic violence, child abuse, or assault, restricted visitation rights or supervised visitation rights may be granted, and can be changed to a normal visitation right if the parent can show proof of treatment.

As the custodial parent, you can move the child out of state without notice, as a temporary absence from a permanent resident is not considered a relocation. You can risk losing custody when you move your child out of state for 90 days and above without notice.

A petition for child custody can be made in those circumstances where the requirements for the establishment of paternity have been met under Missouri Law but no custody order or parenting plan is in place.

CUSTODY AND VISITATION FOR UNMARRIED PARENTS

The court will not make an order regarding the custody of a minor child until paternity is established if it has not already been validated by the mother or by DNA testing.

An Unmarried Mother in Missouri is granted sole custody unless the father establishes paternity. Once paternity is established, joint custody is favored in the child’s best interest.

In Child Custody Cases, some states favor the mother, but Missouri recognizes the father-and-child relationship and gives will give you and your co-parent a fair chance at custody whether you are both married or not. The court will in most cases seek to grant joint custody unless one parent is unfit.

Fathers have the same right as mothers to legal and physical custody of their child, and as a father, you have the right to be awarded custody while the mother is awarded visitation rights as the non-custodial parent where needs be.

Where your co-parent violates the custody order or denies you visitation rights without good cause, you can sue for contempt of court or file a family access motion.

LAWS

Missouri has adopted the Uniform Child Custody Jurisdiction and Enforcement Act which helps resolve interstate child custody conflicts

Joint custody laws- MAGI HOUSEHOLD COMPOSITION.

Press Release – Update in Missouri Child Law.

Child Custody Laws in Missouri

Also, see

Missouri Child Custody Law § 452.375 et seq.

MO ST §§ 452.375(2); 452.385

MO ST §§ 452.375(2); 452.400(7)

MO ST § 452.375(9)

CHILD CUSTODY MODIFICATIONS

The courts in Missouri will grant child custody modifications when you or your co-parent can prove that the changes are in the child’s best interest and are not merely you, your co-parent, or your child’s desire.

A court order can also be modified in Missouri if there is a change in the child’s best interest, an unapproved physical relocation, a violation of the custody terms, and possible danger to the child amongst others.

The court will modify a child custody order where there has been a change in the circumstances since the original order was placed.

ON PARENTING PLAN

As a divorcing parent, if you have a child under the age of 18, the Missouri General Assembly mandates that you file a parenting plan together with your co-parent or separately if you and your partner cannot agree.

A parenting plan describes how you and your co-parent can contribute to the care and well-being of the child and provides detailed information in the areas of Custody and visitation, decision-making rights and responsibilities, dispute resolution, and expenses of the children.

Parenting schedules are important in Missouri custody cases. You and your co-parent must agree on a plan that focuses on your child. Creating a good schedule takes time and thought. It should also address the necessary concerns and allow for flexibility in co-parenting. Parenting schedules can be 50/50, 60/40, 70/30, 80/20 or 90/10.

CHILD SUPPORT

Even if you have 50/50 custody, you will pay child support if your co-parent makes less money than you do.

Child support includes basic needs such as food, clothing housing, transportation, and healthcare, and the amount paid is usually determined by the judge based on the Missouri state guidelines.

MEDIATION

In Mediation, you and your co-parent come up with a solution on your own instead of having the decisions determined by the courts. You can involve a 3rd party “mediator” who is equipped to guide you and your child’s parent through the process to come up with practical solutions to disputes.

The mediation process is one in which the parties may enter into voluntarily. Or under the rules of the Missouri Supreme Court, mediation may be ordered by the family court Judge on issues of child custody or visitation, at any time.

TAX CREDIT DECISIONS

A Non-Custodial parent can claim personal tax deduction, and the child tax credit, provided that the custodial parent has released their claim to those benefits. The EITC, however, is usually only available to the parent with whom a child lives for more than half of the year. A custodial parent cannot sign that benefit away as easily.

The Child Tax Credit and dependency exemption can be shifted from one divorced parent to the other by an agreement between you and your partner. If you have more than one child, you and your co-parent can decide to split them for tax purposes.

OTHER RESOURCES

Child Support in Missouri is calculated using the income share method

Co-parenting apps to reduce the stress of co-parenting

Common challenges blended families struggle with

Dealing with Common Problems in Blended Families.

Tips for Transitioning into Blended Families

Managing Newly Blended Families

Unfit Parenting and Termination of Parental Rights

Factors Used to Determine If a Parent Is Unfit for Custody

Bad Co-parenting is avoidable, but only if you and your child’s parent are willing to work towards reducing conflict and improving communication, creating a safe environment for the child to thrive.