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When considering a temporary custody award, a judge in Missouri will consider the same statutory criteria as they would with a permanent custody order. This can include the wishes of the parents and child, the emotional needs of the child, the health of the parties, and any history of abuse or neglect.
The judge will make a decision about custody based on what s/he thinks is in your child's best interest. If the parents have not reached an agreement on all issues related to custody, then it will be up to the judge to decide.
Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.
When it is determined that a child has been subject to abuse or neglect, temporary protective custody is granted. Usually, a member of police enforcement or another government official takes the youngster away from the house in an emergency.
The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.