Going through a separation or divorce is tough—especially when children are involved. For many Missouri families, child custody is one of the most emotional and complicated issues to navigate. Missouri law focuses on the “best interests of the child,” but what does that actually mean?
In this post, we’ll break down how child custody decisions are made in Missouri, particularly in Joplin, Jasper County, and Newton County. Whether you’re facing a custody dispute or just want to understand the process, here’s what you need to know.
Understanding Legal vs. Physical Custody in Missouri
Missouri courts recognize two types of custody:
- Legal Custody: The right to make important decisions about your child’s upbringing—like school, medical care, and religion.
- Physical Custody: Refers to where your child lives on a day-to-day basis.
Custody can be awarded jointly (to both parents) or solely (to one parent), depending on what’s best for the child.
What Does “Best Interests of the Child” Mean?
Missouri courts weigh several factors when determining child custody, including:
- Your child’s emotional and developmental needs
- Each parent’s ability to foster a relationship with the other parent
- The child’s adjustment to home, school, and community
- Any history of abuse, neglect, or domestic violence
- The mental and physical health of both parents and the child
- Your child’s preferences (if they are old enough to express them)
There’s no single deciding factor—it’s all about what promotes the child’s overall well-being, but considerations such as:
- where the parents live in relation to each other, and where the kids attend school
- which parent is most likely to co-parent better, and which parent may not be the best to have equal or sole physical custody because they may withhold the child from the other parent and or not be open to joint decision making
- which parent is more likely to ensure the children get to school, do homework, make medical appointments etc.
- is there a parent who had anger or violent tendencies, and if so, is that parent addressing those issues appropriately
- if a child is a teenager, their influence over which parent they will spend time with in higher than a child that is say under 10 years old
Typical Child Custody Arrangements in Joplin, MO
In Joplin and surrounding areas like Jasper and Newton counties, judges often prefer joint legal custody, provided both parents can cooperate. Parenting plans that provide stability and minimize disruption to the child’s routine are favored.
Some common arrangements include:
- Alternating weeks between parents
- One parent having primary physical custody with scheduled visitation for the other
Local family courts aim to create a custody schedule that works for both parents while keeping the child’s needs front and center.
Modifying an Existing Child Custody Order
Custody isn’t always set in stone. If your situation changes—like relocating, a job change, or concerns about the child’s safety—you can file a motion to modify the custody order.
To succeed, you’ll need to show a significant change in circumstances that affects your child’s best interests, and the court does not want parents brining requests to the court when there hasn’t been any real change in circumstances. Annoyances and disputes between parents is not a reason to go back to court. Parents should seek to coparent well together, and in many cases, actually seek out a coparenting counselor to help
Tips for Parents Facing Custody Disputes
Whether you’re just starting the process or are already in court, here are some practical tips:
- Stay respectful and child-focused when communicating with the other parent
- Keep records of important conversations or incidents
- Comply with all court orders
- Make your child’s emotional well-being your top priority
Need help with a custody case in Joplin, Missouri?
Every custody case is different. While Missouri’s laws provide a framework, local judges in places like Joplin take a close look at the unique facts of each case.
Contact our office today to schedule a consultation with an experienced family law attorney who knows how to navigate Missouri custody laws and advocate for you.