This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Missouri USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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How to fill out USLegal Pamphlet On Primary Custody?
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FAQ
So in order to get full custody, you'd likely have to prove that the other parent is unfit, for reasons such as untreated drug addiction, a history of abuse, or some other condition that would pose harm to the child. For information on how to file for custody in Missouri, you can check the Missouri Courts website.
The parent with whom the child spends more than 50% of their overnight visits with is considered to be the parent exercising the majority of the child's care and control and therefore is the custodial parent regardless of tax filing status.
Missouri allows a child to state a preference as to which parent has primary custody once they reach the age of twelve. A court is not bound by the child's preference, but the judge must give it some consideration.
What To Do When Your Child Wants to Live With Their Other Parent Don't Take It Personally. ... Keep Communication Open. ... Consider Bringing Your Ex Into The Conversation. ... Think About What Happens if You Let Them Go.
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.
Courts will allow the child to give testimony on his/her preference if the court determines that is appropriate. The courts have indicated that starting around age 11, a child can express his/her opinion about where he/she would like to live primarily. The judge will decide how much weight to give to a child's opinion.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
Missouri aims to consider what is best for the child's interests when deciding on child custody matters. In Missouri, a child cannot decide which parent they want to live with until they are 18 years of age.