8 Factor Custody Test

When parents in Missouri separate or divorce, one of the most challenging aspects of the process can be determining custody arrangements for their children. Missouri courts use a detailed analysis to decide what is in the child's best interests. This analysis involves evaluating several factors, known as the "8-factor test." In this blog post, we'll break down these eight factors, how they are applied, and what they mean for parents navigating the child custody process in Missouri.



Missouri law mandates that all custody decisions must prioritize the best interests of the child. The court will review several factors to assess the child’s needs and determine the most suitable custodial arrangement. These factors are outlined in Section 452.375 of the Missouri Revised Statutes, and they include:

1. The wishes of the child’s parents as to custody and parenting time

The court will first consider any agreements made between the parents regarding custody. If the parents have worked out a mutual arrangement or one parent is requesting sole custody, the court will evaluate whether these preferences align with the child’s best interests.

2. The child’s need for a frequent, continuing, and meaningful relationship with both parents

Missouri courts recognize the importance of both parents being actively involved in a child’s life. A strong relationship with both parents is generally seen as beneficial for the child’s emotional and psychological development, unless there are extenuating circumstances like abuse or neglect.

3. The child’s adjustment to the home, school, and community

The court will evaluate how well the child is adjusting to their current living situation, including their home, school, and community environment. A stable living arrangement is often seen as beneficial to the child’s well-being, and disrupting that stability may be discouraged unless there are compelling reasons to do so.

4. The mental and physical health of all individuals involved

The court will assess the mental and physical health of both parents and the child. If a parent has health issues that would impact their ability to care for the child, or if the child has specific health needs, the court may take this into account when determining custody.

5. The child’s relationship with each parent, siblings, and others

Courts will consider the emotional bond between the child and each parent, as well as relationships with siblings and other important figures in the child’s life. Maintaining strong, healthy relationships with family members is a key factor in making a custody determination.

6. The parents' ability to cooperate and make decisions jointly

Courts look for evidence of the parents’ ability to communicate and work together in making decisions about the child’s welfare. Parents who demonstrate a willingness to cooperate and share responsibilities are more likely to be awarded joint custody, whereas parents who show signs of conflict or inability to communicate may see less favorable arrangements.

7. History of domestic abuse

If there is any history of domestic violence or abuse by either parent, it will be a critical factor in determining custody. Courts place a high priority on ensuring the safety and well-being of the child, and a history of abuse can significantly impact custody decisions. The court will also look at whether there is a history of abuse directed at the child.

8. The child’s wishes, if they are of sufficient age and maturity

Depending on the child’s age and maturity, the court may consider the child’s preferences regarding custody. While the child’s opinion is not determinative, older children and teenagers may have a more significant role in expressing their desires, particularly if those preferences align with their best interests.



The Missouri court does not apply these factors in a strict, formulaic manner. Instead, they will weigh the factors based on the specifics of each case, with a strong emphasis on the overall well-being of the child. The judge has discretion in how to evaluate and prioritize these factors, and each case will have a different outcome depending on the circumstances.



Parents seeking custody of their child should focus on demonstrating that they can meet the child's needs in a stable, supportive environment. Here are a few steps parents can take:

•  Maintain open communication: Being able to work together with the other parent and share responsibility for the child’s upbringing is crucial.

• Create a stable home: Demonstrating a consistent and supportive environment will help reassure the court that the child will thrive in that setting.

• Seek legal guidance: Having an experienced family law attorney can help ensure that your interests, and most importantly your child’s best interests, are properly represented during the custody process.



Navigating child custody decisions can be a daunting process, but understanding the 8-factor analysis can help parents prepare for what to expect in court. It’s essential to show that you are prioritizing your child’s best interests, and that you are capable of providing a safe, stable, and loving environment. At Finder Law, LLC, we understand the complexities of child custody cases and are committed to helping families through every step of the process. If you are facing a custody dispute or need advice about your case, contact us today for a consultation. We have over a decade of experience litigating family law cases and have the knowledge and expertise to help you navigate the legal process. Let us help you protect your rights and the well-being of your child.

Call us today.