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Fathers have the same right as mothers to legal and physical custody of their child. It is possible for a father to be awarded primary physical custody depending on certain factors involved in the case. This means that the father can care for his child for most of the time while the mother is given visitation rights.
In Missouri, the law considers ?joint custody? to be in the best interest of the child. If parents are unable to agree on a parenting plan, the court selects one parent as the ?residential parent? for school and mail purposes.
It is not necessary to go to trial or have a contested hearing to make a simple change to the parenting plan if both parents agree. Parents may agree to an informal simple or minor change.
The family access motion is a process to enforce an existing order for ?access? (visitation/parenting time) with a child that has a specific schedule of time with the child. An administrative order for child support does not address custody or visitation/parenting time provisions that qualify for an existing order.
The judge will make a decision about custody based on what s/he thinks is in your child's best interest. Under Missouri law, the judge must assume that it is in a child's best interest to have equal parenting time with both parents. However, one or both parents can present evidence to change the judge's mind.
Internet access to civil and criminal court records is fee-based and can be found at ecf.mowd.uscourts.gov. Payment for copies is required at the time of the request. Include a self-addressed, stamped envelope for return of the copies. Copies are available in person during regular business hours.
The legislation was signed by Governor Parson on July 6, 2023, making 50/50 custody the default in child custody matters, with the presumption that it is in the best interests of the child. The new law takes effect August 28, 2023.
There are two components to the custody of a child that the court must determine. The court must decide which parent will have, or how both parents will share, the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child.