Whenever possible, parents should try to resolve child custody disputes between themselves, sparing the emotional trauma and expense of extensive litigation. When a negotiated settlement isn’t possible, the family court will decide for you, based on the best interests of the children. To determine what it considers as a child’s best interests, the judge will weigh a variety of factors (Missouri requires a judge to look at 8 specific factors), including the following:

3 Factors Used to Determine Child Custody

1. Meaningful Relationships With Each Parent

Unless there have been allegations of abuse or neglect, the law assumes that children benefit from having consistent contact and meaningful relationships with both of their parents.  In fact, Missouri has a preference for joint legal and joint physical custody.  The court will attempt to determine whether each parent is able to fulfill their role as caretaker in the child’s life and if they are likely to promote meaningful engagement with the other parent. Previous actions to limit a child’s contact with the other parent will likely count against a parent during a custody case.

2. The Wishes of the Child

Some states allow children of a certain age to choose their own custodian, while others take their wishes under advisement. In Missouri, family courts shall consider a child’s preference when making custody decisions, although they are not obligated to approve them.  However, the child will generally need to be at least 12 or 13 years old before the court will consider the child’s preference.

3. The Parents’ Mental and Physical Health and any Significant Criminal History

The Court will look at the mental and physical health of each parent to make sure they are capable of properly caring for their child. Also, while previous convictions will not automatically cause a parent to lose custody, the court takes prior felony drug convictions, persistent alcohol-related offenses, and violent felonies seriously if they impact a parent’s ability to care for their children. If the court finds a history of abuse or neglect, they might order supervised visits for a period of time for the noncustodial parent.

If you’re involved in a contentious child custody dispute, attorney Mingus at the Mingus Law Office will protect your rights. This accomplished legal professional has represented clients throughout Central Missouri, in a wide range of issues, from child custody to divorce. To discuss your case and schedule a consultation, call (573) 443-5202 today, or visit their website to learn more about his practice areas.