Divorce typically leads to a number of major shifts in family dynamics. When there are children involved, the situation quickly becomes complex. Frequently, one of the parents leaves the marital home as they prepare for divorce. The spouses must negotiate matters related to parenting time and property division.
Sometimes, families already have an existing routine and division of parental responsibilities that can continue to work when the couple divorces. Other times, parents have to divide time with their children and find ways to handle major decisions about their upbringing. If they cannot agree on what is likely to work best for the family, then they may take the matter to family court.
Do parents who litigate custody issues in Missouri always end up with equally shared custody?
The law imposes a rebuttable presumption
Like many states, Missouri has a law that instructs family law judges to make the best interests of the children their primary consideration in all custody matters. However, unlike many states, Missouri state law specifically protects the rights of parents to equally share time and parental authority.
The law specifically references establishing an equal division of parenting time and authority. However, it is a rebuttable presumption. In other words, either parent can present the courts with evidence about family circumstances and convince a judge that an even split of parental rights and responsibilities is not in the best interests of the children.
Evidence showing a history of neglect, domestic violence or even significant substance abuse might convince a judge that deviating from an equal split of parenting time and authority is the best option available. Parents need verifiable proof, not just claims about one another’s conduct.
One of many factors judges consider is the willingness of the parents to put the children’s needs first. Willingness to compromise and keep the focus on the children is often beneficial for those approaching litigated custody matters. Judges want to see evidence that parents can put their children ahead of their personal wishes. As difficult as it can be, many parents in Missouri do have to embrace the reality of regular custody exchanges and mutual decision-making for major matters related to their children.
Learning more about custody statutes can help people develop the most effective court strategy possible. Some couples can even bypass litigation by settling amicably if they understand the law and what outcomes are likely in their circumstances.