MO · STATE RESEARCH

Missouri custody &
parenting time.

Missouri starts from the idea that equal, or close to equal, parenting time is best for your child. But there is no standard statewide schedule: each family's parenting plan sets the actual days and holidays, and the judge can depart from equal time.

IN PLAIN ENGLISH

How custody works in Missouri

In Missouri, a custody order has two parts: who makes the big decisions (legal custody) and where your child spends time (physical custody). [MO-P1] "Joint" physical custody means each parent gets significant time, but not necessarily equal time. [MO-P1]

Since 2023, the law says a judge must presume that equal or approximately equal parenting time is in your child's best interests. [MO-P1] That is a starting point, not a guarantee. [MO-P1] It can be overcome by evidence that a different split is better for your child, by the parents agreeing to something else, or by a pattern of domestic violence. [MO-P1]

Missouri does not have a default calendar. [MO-P1] The law forbids courts from requiring a standard or default parenting plan, so your order has to spell out your own schedule, including holidays and school breaks. [MO-P1, MO-P2] The judge decides based on your child's best interests, and the law says neither parent is favored because of sex, age or money. [MO-P1]

If you were never married to the other parent, legal fatherhood (paternity) has to be established as part of getting a custody order with a parenting plan. [MO-P6] A child support order by itself may or may not set custody, and the police generally will not enforce parenting time without a court order that spells it out. [MO-P6]

Words you’ll see in your papers

Legal custody
The right to make major decisions for your child. Joint legal custody means the parents share those decision-making rights. [MO-P1]
Physical custody
Where your child lives and spends time. Joint physical custody means each parent gets significant time, which does not have to be exactly equal. [MO-P1]
Parenting plan
The written plan that becomes part of your order. It sets out decision-making and a specific schedule for regular time, holidays and school breaks. [MO-P2, MO-P6]
Relocation
Moving your child's main home for 90 days or more. It requires written notice to the other parent first. [MO-P3]
Family access motion
The court filing a parent uses when court-ordered parenting time (visitation) has been denied. [MO-P6, MO-P5]

COMMON QUESTIONS

What parents in Missouri ask first

Does Missouri start from 50/50?

Yes, as a starting point. The law presumes that equal or approximately equal parenting time is in your child's best interests. [MO-P1] A judge can order something different if the evidence shows another arrangement is better for your child, if the parents agree on a different plan, or if there is a pattern of domestic violence. [MO-P1]

What does the judge look at?

The law lists factors that include: each parent's wishes and proposed plan; your child's need for a continuing relationship with both parents; your child's relationships with parents, siblings and other important people; which parent is more likely to support your child's contact with the other parent; your child's adjustment to home, school and community; everyone's mental and physical health, including any history of abuse; any plan to move; and your child's own input, free from pressure. [MO-P1]

Is there a standard schedule?

No. Missouri law says no court may require a standardized or default parenting plan. [MO-P1] Your plan must set out your own specific schedule, including holidays and school vacations. [MO-P2] If you are representing yourself, Missouri's courts require you to use the statewide approved forms and to complete the online Litigant Awareness Program. [MO-P5]

Does my child get to choose?

No age in the law gives a child the final say. [MO-P1] The judge considers your child's "unobstructed input," meaning what your child says when no one is pressuring or coaching them, as one factor among many. [MO-P1]

Can I move away with my child?

Before moving your child's main home for 90 days or more, you must send the other parent written notice by certified mail, return receipt requested, at least 60 days before the move. [MO-P3] The notice must include the new address (or city), the move date, the reasons, a proposed new schedule, and notice that the other parent can object. [MO-P3] The other parent has 30 days after getting the notice to file an objection. [MO-P3] If no one objects, the move can happen 60 days after notice. [MO-P3] If there is an objection, the parent who wants to move has to prove the move is in good faith and in your child's best interests. [MO-P3]

Can the order be changed later?

Yes. A judge can change custody if something has changed in your child's or a custodian's life since the last order (or facts come out that the court did not know), and the change is needed for your child's best interests. [MO-P4] If the other parent is not following court-ordered parenting time, you can file a family access motion to enforce it. [MO-P6]

We were never married. What happens first?

Paternity has to be established. A father can be recognized as the legal father if both parents sign an Affidavit Acknowledging Paternity at the hospital, if he files a Declaration of Paternity with the Missouri Bureau of Vital Records, or if a court enters a judgment finding he is the father. [MO-P6] Once paternity exists but there is no custody order, a parent can file a Petition for Child Custody to get a parenting plan in place. [MO-P6] An administrative child support order, by itself, does not set custody. [MO-P6]

What if I am not safe?

If the judge finds a pattern of domestic violence, the equal-time presumption can be overcome. [MO-P1] If the judge still gives custody to the abusive parent, the judge must write down the reasons, and custody and visitation must be set up in the way that best protects your child and the abused parent. [MO-P1] A judge cannot give custody or unsupervised visitation to a parent who, or whose household member, has been found guilty of or pleaded guilty to certain crimes against a child. [MO-P1] You can get Order of Protection forms from Missouri's courts, and mediation may not be appropriate where there is domestic violence, so tell the court. [MO-P5, MO-P6]

Free, official places to start

LOCAL SPOTLIGHT · ST. LOUIS COUNTY

St. Louis County

Family Court of St. Louis County, 21st Judicial Circuit

St. Louis County does not have its own visitation schedule, and state law would not allow a default one. [MO-P1] What it adds is a required class: parents in a divorce, legal separation, paternity or custody case, or a request to change custody or visitation, who share a child under 19 must take a court-approved parent education class. [MO-P7] The parent who files must attend within 45 days of filing, and the other parent within 45 days of being served; approved options include 2-hour virtual classes and a 75-minute online course. [MO-P7] Judges can refer parents to the court's Domestic Relations Services for help building a parenting plan. Its staff also check the proposed parenting plan when both divorcing parents represent themselves, and provide up to one hour a week of supervised visitation when a judge orders it. [MO-P8]

Other counties in Missouri can have different local rules and forms. Check the court where your case is filed.

THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES

No fixed statewide schedule identified

Research overview

Equal/approximately-equal time presumed; statute expressly forbids mandatory standardized/default parenting plans by local rule/form/practice.

Legal force and applicability

Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.

Authority and geographic scope

RSMo 452.375/.310 statewide. [MO-1,MO-2]

Custody and parenting-time presumptions

Equal or approximately equal time rebuttably presumed best; preponderance under relevant factors, agreement or domestic-violence pattern can rebut. Joint physical custody definition itself allows significant but not necessarily equal periods. [MO-1]

Schedule & conditions

Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.

Regular school-year schedule

Individual detailed written plan; statute supplies no week-on/week-off or weekend algorithm. [MO-1,MO-2]

Holidays and school breaks

Individual plan must address holidays; no fixed statutory even/odd table. [MO-2]

Summer and vacation time

Individual plan addresses school vacations; no statewide summer length identified in the reviewed sources. [MO-2]

Age and development

No fixed statewide infant/age-tier possession schedule identified in the reviewed sources; no sex/age preference alone. [MO-1]

Distance, travel, and relocation

Relocation and school/home practicality considered; no statewide mileage-tier calendar identified in the reviewed sources. [MO-1,MO-2]

Safety & exceptions

Domestic violence pattern affects presumption and requires protective findings; listed crimes against children bar custody/unsupervised visitation in specified parent/household circumstances. [MO-1]

FOLLOW THE AUTHORITY

Official sources

The statutes, rules, forms and court pages this guide draws on. Read the current version at the source; laws change.

  1. MO-1

    RSMo 452.375

    Missouri Revisor of Statutes · statute

  2. MO-2

    RSMo 452.310

    Missouri Revisor of Statutes · statute

  3. MO-3

    Missouri Courts Parenting Plan form

    Missouri Courts · blank planning form

Sources for the plain-English guide

Official statutes, courts and nonprofit self-help sites only.

  1. MO-P1
  2. MO-P2
  3. MO-P3
  4. MO-P4
  5. MO-P5

    Representing Yourself in a Family Law Case

    Supreme Court of Missouri / Missouri Courts

  6. MO-P6

    Petition for Child Custody and Support

    Supreme Court of Missouri / Missouri Courts

  7. MO-P7
  8. MO-P8

    Domestic Relations Services

    Family Court of St. Louis County, 21st Judicial Circuit