Divorce Missouri Custody

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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 interests of the child.

  • The desires of the minor child regarding who should be his/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/her custody to foster meaningful, continuing and frequent contact with the other parent?
  • The requirements of the child for a meaningful, continuing and frequent relationship with both 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 mother jointly.

Chapter 452, Section 452.380 of Divorce Missouri Custody

This section is related to temporary custody. It 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.

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