Missouri Custody Law

Missouri Custody Law




According to the stipulations of the Missouri child custody law, there are five distinct classes of child custody, and they are:
  • Joint legal and physical custody by the two parents 
  • Joint legal custody by both parents and physical custody by either of the parents 
  • Joint physical custody by both parents and sole legal custody by either of the parents 
  • Sole custody – both legal and physical – by either of the parents 
  • Third party visitation or custody – general grandparents 
These classes of child custody apply to parents that are formerly married, as well as unmarried parents. In Missouri, child custody laws are governed under the sections and subsections of the 2005 Missouri Statutes 452.375. Thus, all issues on child custody must follow the stipulations of these laws, definitions, and conditions.

These laws also make specific provisions on the individual rights of each parent and situations and times when there can be changes in child custody, including how to handle such situation where one of the parents is charged with domestic abuse or faces conviction of a crime.
Petition for Custody in Missouri

As a special petition, a Petition of Custody only comes into play when the custody issues of a child or children remain unaddressed, despite the establishment of paternity for such child or children involved. The petition of Custody protects the rights of the two parents and ascertains the rights of the father to have contact with his child or children.

Once a Petition for Custody is filed, a Parenting Plan is created, and the same is due for approval by a Missouri Court. Among other things, the Parenting Plan will ascertain the visitation rights and times, as well as the amount and other obligations for support. It also establishes whether or not the two parents have legal and/or physical custody of the child or children. After the establishment of paternity, a father is empowered by the Missouri custody laws to have access to his children.

Missouri Child Custody Reading:

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