The law in plain words
Under RSMo 452.375, Missouri presumes that equal or approximately equal parenting time is in the child's best interests. A parent can rebut that with evidence.
The types of custody
Missouri uses four building blocks, and an order can mix them.
- Joint legal custody: both parents share decisions on health, school and welfare, and must talk them through.
- Sole legal custody: one parent makes those decisions.
- Joint physical custody: each parent has significant time with the child. The statute says it need not be exactly equal.
- Sole physical custody: the child lives with one parent, and the other usually has visitation.
With joint physical custody, one home is still named as the child's address for mail and school.
Is Missouri a 50/50 state?
It starts close to that. Since August 28, 2023, the law presumes equal or approximately equal parenting time is best for the child.
That presumption is a starting point the judge must begin from. A parent who wants a different schedule must show, more likely than not, that it suits this child better.
The statute singles out two situations, though they are not the only ones. One is when the parents agree on every custody issue. The other is a pattern of domestic violence.
If the parents have not agreed, the judge must write findings explaining the schedule chosen.
What was the new custody law in 2023?
Senate Bill 35 took effect on August 28, 2023. It made three changes to section 452.375.
- It added the equal parenting time presumption.
- It replaced "the wishes of a child" with the child's "unobstructed input, free of coercion and manipulation."
- It encouraged judges to set a temporary parenting plan early in each case.
Guides written before late 2023 describe a law that no longer applies.
The order a judge considers
Section 452.375.5 lists the arrangements in order. The judge works down the list.
- joint physical and joint legal custody to both parents
- joint physical custody, with one parent holding sole legal custody
- joint legal custody, with one parent holding sole physical custody
- sole custody to one parent
- custody to a third party, such as a relative
Joint custody cannot be refused just because one parent objects to it.
The eight best-interest factors
The judge weighs every relevant fact, including these eight:
- what each parent wants, and the parenting plan each proposes
- the child's need for a real relationship with both parents, and each parent's willingness to parent
- the child's bonds with parents, siblings and others who matter
- which parent is more likely to allow frequent, meaningful contact with the other parent
- how settled the child is at home, school and in the community
- the mental and physical health of everyone involved, including any history of abuse
- whether either parent plans to move the child's main home
- the child's own input, free of pressure from either parent
In a later case, ignoring the parenting plan without good cause is evidence under factor 4.
Your child's say
Missouri sets no age at which a child chooses. The child's input is one factor among eight.
A judge may interview the child privately in chambers. The parents' lawyers may attend, and a record of the interview is made.
The court must appoint a guardian ad litem, a lawyer for the child, whenever abuse or neglect is alleged. That lawyer investigates and represents the child.
Mothers' and fathers' rights
Section 452.375.8 bars any preference for a parent because of age, sex or money. It also bars a preference based on the child's age or sex.
Both parents keep access to the child's medical, dental and school records. That holds unless a court has denied that parent custody or visitation.
If you were never married
Under RSMo 210.818, a parent's rights do not depend on marriage. A father usually needs paternity set in law first.
Both parents can sign an acknowledgment of paternity, which counts as a legal finding. Either signer can cancel it within 60 days. A support case about the child can end that right sooner.
After that, it can only be challenged for fraud, duress or a material mistake of fact.
A paternity judgment can set custody, visitation and support. If paternity is already set but there is no custody order, the court form is the Petition for Child Custody, CAFC201.
Domestic violence and abuse
A pattern of domestic violence can overcome the equal-time presumption. If the judge still gives custody to the abusive parent, the judge must explain why in writing.
Any custody order after a finding of abuse must show how it protects the child and the other parent.
Certain sex and child-abuse convictions bar custody and unsupervised visits. The bar also applies if the person convicted lives with that parent.
After supervised visits ordered for abuse, a parent must prove treatment and rehabilitation before visits become unsupervised.
How to get sole or full custody in Missouri
Missouri has no separate form for sole custody. You choose the arrangement you want in your proposed parenting plan, form CAFC501.
Because equal time is presumed, the case turns on evidence under the eight factors. A pattern of domestic violence is one situation the statute names, but the judge weighs every relevant factor.
The judge must explain the result against each factor. Specific, dated facts give the judge something concrete to cite.
Emergency and temporary custody
While a case is open, either parent can ask for temporary custody under section 452.380. The request needs a sworn affidavit.
The judge decides after a hearing, or on the papers if no one objects. Custody terms need notice and a hearing unless the parents agree.
The fastest route in a danger situation is an order of protection under the Adult Abuse Act. A judge can grant an ex parte order straight away, including temporary custody.
The full hearing is held within 15 days of filing, unless the court postpones it for good cause. Filing for an order of protection is free.
That route has a limit. It cannot change custody once a divorce is filed or custody is already ordered.
Moving with your child
Under RSMo 452.377, a relocation is a change to the child's main home for 90 days or more.
- Notice: send it by certified mail, return receipt requested, at least 60 days before the move.
- Contents: the new address, phone number, moving date, reasons and a proposed new schedule.
- Objection: the other parent has 30 days from receipt to file a motion with a sworn affidavit.
- Response: the moving parent answers within 14 days.
The parent who wants to move must prove the move is in good faith and in the child's best interest. Moving without notice can lead to an order to bring the child back.
Changing a custody order
Under section 452.410, a court changes custody only if two things are true:
- the child's or custodian's circumstances have changed since the last order
- the change is necessary for the child's best interests
Missouri law sets no waiting period before you can ask. The motion must be sworn, and the court form is CAFC101.
If court-ordered time is denied, a family access motion is the faster tool. Remedies include make-up time, counseling and a fine of up to $500.
How to file for custody in Missouri
Custody cases are heard in the circuit court. Missouri can usually make the first order if the child has lived there for the past six months.
- Married parents: custody is decided in the divorce. One spouse must have lived in Missouri for 90 days.
- Unmarried parents: custody is set in a paternity case, or by petition once paternity is established.
- File a sworn petition. The other parent has 30 days after service to answer.
- File a proposed parenting plan within 30 days of service.
- Take the parenting class the court orders. It costs under $75 per person.
- Mediate if ordered. Domestic violence or abuse findings can excuse it.
Without a lawyer, you must complete the Litigant Awareness Program and use the state's approved forms. Those forms are designed for parents who agree.
How much does it cost to file for custody in Missouri?
Each circuit clerk sets and collects the filing fee, so it varies by county. Franklin County's January 2025 schedule lists $132.50 for a divorce or paternity case.
Serving the other parent by sheriff costs extra. Ask your circuit clerk for the current amount.
If you cannot afford the fees, a judge can let you file as a "poor person." The form is GN10, a sworn statement of income and expenses.
What changed in 2024, 2025 and 2026
Since the 2023 rewrite, changes have been small.
- 2024: the home-school wording in factor 5 now also covers FPE schools.
- August 28, 2026: pregnancy no longer blocks a divorce judgment. Orders of protection now cover cyberstalking.
- Bills that failed in 2026: House Bills 2505 and 2044 would have expanded the factor list. They stalled in the Senate in May 2026.
The 2026 regular session has ended.
Building the record
Missouri's fourth factor asks which parent allows frequent, meaningful contact with the other. A missed exchange or a refused weekend is answered with dates.
Note each exchange, each change and each message about the schedule as it happens. Casewell keeps those notes and the files behind them together, so a lawyer can read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Missouri parenting-time record
Missouri judges must explain custody against each factor. Keep these items current so your facts line up with them.
Keep the record Missouri's factors ask for
Casewell keeps dated parenting time entries, exchanges and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is MO a 50/50 state for child custody?
Close to it. Since August 28, 2023, Missouri presumes equal or approximately equal parenting time is best. A parent can overcome that with evidence, and the judge must explain why in writing.
What is the new child custody law in Missouri?
Senate Bill 35, effective August 28, 2023. It added the equal parenting time presumption and changed how the child's view is weighed. It also encourages early temporary parenting plans.
What are father's rights in Missouri?
The same as a mother's. Section 452.375.8 bars any preference by a parent's sex. An unmarried father usually needs paternity established before asking for custody.
How much does it cost to file for custody in Missouri?
It depends on the county. Franklin County's 2025 schedule lists $132.50. A judge can waive fees if you cannot pay, using form GN10.
How do I file for full custody of a child in Missouri?
File in circuit court and propose sole custody in your parenting plan, form CAFC501. Equal time is presumed, so you need evidence under the eight factors.
At what age can a child choose which parent to live with in Missouri?
There is no set age. The child's input is one of eight factors, and a judge may interview the child privately.
Sources
This page summarizes Revised Statutes of Missouri chapters 452, 210 and 455 and Missouri court self-help pages, as of October 2026. It explains the law in general terms and is not legal advice.
- RSMo 452.375 โ custody, the equal parenting time presumption and factors checked
- RSMo 452.377 โ relocation notice and objections checked
- RSMo 452.410 โ modifying a custody order checked
- RSMo 452.380 โ temporary custody orders checked
- RSMo 210.823 โ acknowledgment of paternity checked
- RSMo 455.035 โ ex parte orders of protection checked
- Missouri Senate โ SB 35 (2023), the equal parenting time law checked
- Missouri Courts โ representing yourself in a family law case checked