Missouri Child Custody: A Parent's Guide

In short: Missouri presumes equal or approximately equal parenting time is in a child's best interest, a change made by 2023's Senate Bill 35, rebuttable with evidence a different arrangement better serves the child. Courts otherwise weigh a list of best-interest factors and require a parenting plan. Relocating a child's residence for 90 days or more requires 60 days' written notice, with a 30-day window for the other parent to object.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Missouri family law attorney.

What Missouri generally provides

Missouri courts determine custody under RSMo § 452.375 based on the child's best interests, and, since August 2023, apply a rebuttable presumption that equal or approximately equal parenting time serves that interest. A parenting plan is required, and where parents haven't agreed, the court makes written findings on each of the statutory best-interest factors.

Important terminology

• Legal custody: the right to make major decisions about a child's upbringing, education, and health care; can be joint or sole.
• Physical custody: the actual parenting time schedule, now presumptively equal or approximately equal absent evidence otherwise.
• Parenting plan: the required document setting out the custody and visitation arrangement for the family.
• Best interest of the child: Missouri's controlling standard under § 452.375, now interacting with the equal-time presumption.

How custody works in Missouri

The equal-parenting-time presumption

Senate Bill 35, effective August 2023, created a rebuttable presumption that equal or approximately equal parenting time is in a child's best interest. A parent seeking a different arrangement must present evidence, such as a history of domestic violence, that a different schedule better serves the child, or the parents can agree to an alternative plan.

Best-interest factors

Section 452.375 lists factors including the wishes of the parents and their proposed parenting plans, the child's need for a frequent, continuing, and meaningful relationship with both parents, the child's relationships with parents and siblings, which parent is more likely to allow frequent and meaningful contact with the other parent, the child's adjustment to home, school, and community, and the mental and physical health of everyone involved, including any history of abuse.

Parenting schedules

Given the equal-time presumption, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under RSMo § 452.377, "relocation" means changing a child's principal residence for 90 days or more. Absent exigent circumstances, the relocating parent must give written notice by certified mail, return receipt requested, at least 60 days before the move, stating the new address, phone number if known, the moving date, the reasons for relocating, a proposed revised custody or visitation schedule, and the other parent's right to object. The nonrelocating parent then has 30 days from receiving proper notice to file a motion and supporting affidavit objecting to the move; courts strictly enforce this window, and a late objection can be treated as consent. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Missouri uses Form 14, based on the income shares model: both parents' gross monthly incomes are combined, referenced against the Schedule of Basic Child Support Obligations, and split proportionally. The Missouri Supreme Court updated Form 14 in March 2025, effective January 2026.

Can a custody order be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the parenting plan? You can file a motion for contempt or to enforce the plan with the court. Courts can order makeup parenting time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because Missouri's equal-time presumption is relatively new, expect more evolving case law on what counts as sufficient evidence to rebut it, worth discussing directly with a Missouri family law attorney if a non-equal arrangement is being sought or contested. Whatever the plan specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Missouri resources

• RSMo § 452.375 (Custody; Best Interest Factors; Parenting Plan)
• RSMo § 452.377 (Relocation of Child; Notice)
• Missouri Supreme Court: Form 14 Child Support Guidelines

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related Missouri pages

• Missouri hub