FAMILY LAW
Divorce is extremely stressful for everyone, especially in situations involving children. Questions abound: Who gets the children? How often? For how long? All of this creates anxiety for children and increases pressure on already stressed parents. Many parents think that one parent is granted custody and the child or children will spend the majority of their time with that parent.
But Missouri courts are increasingly using the flexibility and new custody options created by recently enacted laws requiring 50/50 custody arrangements (also referred to as an equal parenting plan) must be at minimum considered by courts when establishing custody.
Missouri Courts Are Trending Toward Equal Parenting Plans
Traditionally, many judges implemented default parenting plans that restricted a non-custodial parent’s time with children to alternating weekends and holidays, alternating weekends plus for example, Wednesday evenings, or a set number of days and nights each month. Minus findings that would dictate other custody arrangements (situations involving physical or emotional abuse, work requirements or substance abuse problems, for example) many judges throughout the state routinely put these default parenting arrangements into effect.
However, no two families or divorces are alike, so taking a “one-size-generally-fits-all” approach to custody often led to less than ideal parenting arrangements for many families. So a 2016 law (which came as a result of a Missouri Court of Appeals decision that found a custody schedule in which the father was awarded two overnight visitations every two weeks was inadequate for a joint custody arrangement) requiring courts and couples to at least consider an equal parenting plan encouraged courts – and divorcing couples – to consider a wider range of custody options than those granting one parent significantly more time with the children that the other.
2018 Law Established a New Paradigm
Still, the 2016 law only encouraged courts and divorcing couples to consider an equal parenting plan; it did not mandate such a plan. But in 2018 the state enacted legislation that made equal parenting plans the default starting point for courts determining custody. The net effect of this is that a parent who wished to have greater than 50 percent custody would have to prove to the court that his or her increased custody would be in the best interest of the child/children. Otherwise, the equal parenting plan was established as the baseline for custody.
There’s Still Room for Dispute
While Missouri law has established equal parenting plans as the starting point for custody arrangements in matters of divorce, provisions allowing a parent to oppose an equal parenting plan remain. In these cases, the court considers the eight factors below when determining custody:
- Each parent’s wishes and the parenting plans submitted to the court by each parent.
- The needs of the children and the ability of each parent to carry out parental responsibilities.
- How the children interact with each parent as well as any others who will be in the lives of the children.
- Which parent is least likely to interrupt the children’s contact with the other parent.
- How comfortable the children are with their current home, school and community.
- The comparative physical and mental health of each parent and any other person in the parent’s life. Also taken into consideration is any record of domestic violence.
- Any intention on the part of either parent to relocate the children.
- The wishes of the children concerning custody.
Parents should understand the courts are committed to acting in the best interests of the children. So divorcing parents who cannot develop a mutually agreed upon parenting plan – an equal parenting plan or otherwise – and choose to dispute custody will find a judge evaluating them on the above eight considerations and then developing a plan he or she believes is in the best interests of the children. But that plan may end up being unacceptable to one or both parents.
Cooperation and working with an attorney who has deep experience in divorce and custody law therefore is crucial to achieving a parenting plan each parent finds workable and beneficial to their children. And it’s important to keep in mind that increasingly in Missouri that may well begin with an equal parenting plan.
Call Marler Law Partners
Divorce involving children can be extremely stressful as parents often experience a wide range of conflicting emotions. Recognizing what’s important, understanding decisions made during divorce can have lifelong ramifications for children and being up to date on developments in family law are crucial to securing the best outcome and long-term wellbeing for everyone involved. Reaching out to an experienced, knowledgeable attorney during these times is likely your best decision. Contact the trusted attorneys at Marler Law Partners for a consultation.