Mom v. Dad: Who will be awarded custody?

There is a common misconception that mom’s are the preferred parent when it comes to awarding custody.

In Missouri, the court determines custody in accordance with the best interests of the child by looking at a number of factors, including but not limited to:

(1) The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
(2) 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;
(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
(4) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
(5) The child’s adjustment to the child’s home, school, and community;
(6) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved…;
(7) The intention of either parent to relocate the principal residence of the child; and
(8) The wishes of a child as to the child’s custodian…

These factors come from Missouri Statute 452.375, which deals with custody.

While it may be the result that a mom is awarded custody in a certain case, custody is determined on a case-by-case basis and there is no preference by the courts for one gender over the other.

If you need to protect your parental rights, contact us to set up a consultation with our Liberty child custody lawyer.

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