If you are involved in a child custody case in Missouri or Kansas, it is important to understand the different types of custody arrangements courts may award. Child custody disputes can be emotionally difficult for both parents and children, and understanding your rights can help you make informed decisions throughout the court process.
In both Missouri and Kansas, courts determine custody based on the “best interests of the child.” Judges are required to evaluate several statutory factors before entering a custody order or parenting plan.
The Four Types of Child Custody
Missouri and Kansas law recognize four (4) primary types of child custody arrangements:
- Joint Legal Custody: Both parents share decision-making authority regarding their child’s health, education and welfare. Neither parent may make major decisions affecting their child without consulting the other parent.
- Sole Legal Custody: One parent has sole decision-making authority regarding their child’s health, education, and welfare. Courts may award sole legal custody in situations involving domestic violence, substance abuse, neglect, or physical, sexual, or emotional abuse of the child.
- Joint Physical Custody: Joint physical custody allows both parents to have significant periods of parenting time with the child, although parenting time does not necessarily have to be equal. Missouri courts generally favor custody arrangements that allow children to have frequent, continuing, and meaningful contact with both parents whenever appropriate and in the child’s best interests. Joint Physical custody is the presumed standard unless there is evidence that this custody arrangement would be harmful to the child.
- Sole Physical Custody: Sole physical custody means the child primarily resides with one parent while the other parent receives scheduled parenting time or visitation. This arrangement is more commonly awarded when there are concerns about the child’s safety or well-being, including domestic violence, substance abuse, or abuse of the child.
In Missouri, child custody laws are governed by Missouri Revised Statute § 452.375.1 (1)-(3). In Kansas, custody matters are governed by Kansas Statute § 23-3206.
8 Custody Factors that Missouri Courts consider
Missouri courts are required to consider several statutory factors before entering a judgment involving child custody. These factors focus on the child’s safety, stability, relationships, and overall best interests.
Under Missouri Revised Statute § 452.375.2, courts consider the following eight factors:
- The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
- The needs of the child for a frequent, continuing and meaningful relationship with both parents, and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
- Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
- The child's adjustment to the child's home, school, and community;
- The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence as defined in section 455.010 has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;
- The intention of either parent to relocate the principal residence of the child; and
- The unobstructed input of a child, free of coercion and manipulation, as to the child's custodial arrangement.
Custody Factors that Kansas Courts Consider
Similar to Missouri, Kansas courts evaluate numerous statutory factors when determining child custody and parenting time.
Under Kansas Statute § 23-3203(a), courts consider the following custody factors:
1) Each parent's role and involvement with the minor child before and after separation;
2) the desires of the child's parents as to custody or residency;
3) the desires of a child of sufficient age and maturity as to the child's custody or residency;
4) the age of the child;
5) the emotional and physical needs of the child;
6) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;
7) the child's adjustment to the child's home, school and community;
8) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
9) evidence of domestic abuse, including, but not limited to:
A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate partner or household member; or
B) an act of domestic violence, stalking or sexual assault;
10) the ability of the parties to communicate, cooperate and manage parental duties;
11) the school activity schedule of the child;
12) the work schedule of the parties;
13) the location of the parties' residences and places of employment;
14) the location of the child's school;
15) whether a parent is subject to the registration requirements of the Kansas offender registration act;
16) whether a parent has been convicted of abuse of a child;
17) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act; and
18) whether a parent is residing with an individual who has been convicted of abuse of a child.
How Courts Determine the Best Interests of the Child in Custody matters
Although Missouri and Kansas have different statutes governing custody cases, both states prioritize the best interests of the child above all else. Courts examine each family’s unique circumstances when determining legal custody, physical custody and parenting time.
No two custody cases are alike, and the outcome of a case often depends on the specific facts presented to the court.
Contact our Firm
If you are facing a custody dispute in Missouri or Kansas, one of our experienced family law attorneys can help you protect your parental rights, and advocate for your child’s best interests.
Please contact us today to schedule a confidential consultation at: 816.792.8700
This article is for informational purposes only and does not constitute legal advice. Every situation is different—consult an attorney for guidance specific to your case.