Divorce Missouri Custody

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The petition step is considered to be one of highly crucial actions followed during legal formalities of divorce. The divorcing individuals need to make some initial considerations before getting the approval of legal separation with each other. There are various marital issues that need to be resolved. Some additional issues like child custody may be required to be settled if children are also present during the time of their parent's separation. The divorce custody in Missouri is mainly handled as per the state laws and rights. However, it is expected that divorcing parents must present their common agreement on this matter, otherwise, the family court of the state plays a significant role while settling issues.

Chapter 452, Section 452.395 mentions the following points:

• The planning for hearing of custody proceedings gets priority
• The court, in the absence of a jury, shall decide questions of law and fact. Let us assume that the court has realized that a public hearing is harmful to the best interests of the child. Then,
  • The court can restrict the public from attending this hearing
  • The court can allow an individual with direct and legitimate interest to remain present
• The court can issue relevant orders to seal the record of the custody proceeding if it finds it essential to maintain the secrecy of any testimony, investigation, report or interview of this proceeding

How to determine the best interests of the child in divorce Missouri custody?

The court contemplates the following factors to chalk out a custody plan that is in the best interest of the child:

• The desires of the minor child regarding who should be his or her custodian
• Whether any parent wishes to relocate the principal residence of the child
• The physical and mental health of the person related to the custody issue is considered. It is seen whether any of the concerned persons was involved in abuse.
• Sometimes, the court detects a pattern of domestic violence regarding a specific parent, but also concludes that the best interests of the child can be attained after granting custody to the abusive parent. In such a case, the court has to enter conclusions of law and findings of fact in written form.
• The custody arrangement is planned in such a manner that the minor child under consideration or any other children of whom the parent has custody rights are safeguarded.
• The adjustment of the child in the community, school and at home
• Which parent demonstrates a better inclination to permit the child under his or her custody to meaningful, continuing and frequent contact with the other parent?
• The essential requirements of the child for a meaningful, continuing and frequent relationship with both the parents
• The disposition and capacity of both parents to play the role of father and mother actively
• The proposed parenting plan drafted by the father and the mother jointly

This section is related to temporary custody. The temporary custody is primarily granted for the period of time when legal proceedings are not ended completely. However, it is not even necessary that temporary custody will be surely followed by a permanent custody plan. This particular section states the following points:

• In a custody proceeding, any party can request a temporary custody order. It is compulsory to endorse this motion by an affidavit. The court is empowered to grant temporary custody on the conclusion of a hearing. If the parties do not object, then this custody is granted solely on the basis of affidavits.
• Let us consider that a proceeding for legal separation or dissolution of marriage has been dismissed. In such a case, the temporary custody order is given up by the court. However, the child's custodian or any parent can pass a motion that the custody proceeding may be continued. Then, the court conducts a hearing. During this hearing, if the court concludes that the best interests of the child and conditions of the parents make it necessary that a custody decree should be issued, then the essential action is taken.

The entire legal procedures associated with divorce custody in Missouri typically take place after considering the best interests of the child. Therefore, various factors are considered such as drafting a definite parenting plan and any decision regarding relocation of either of the two divorcing parents and likewise.

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