How is Custody Decided?

Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri

September 12, 2024

One of the most difficult aspects of divorce often revolves around child custody. Decisions must be made either by the parties agreeing or the judge determining how parenting time will be split. Usually, both parents want primary custody and often struggle to come to an agreement. When the courts become involved, many parents wonder on what grounds the judge will make their decision. In this post, we’ll explore how Missouri courts typically handle custody disputes. 

Under Missouri law, both parents are entitled to parenting time. In most cases, the court prefers that duty to be shared equally. The judge is required to preserve the child’s relationship with both parents and the child also has a right to spend regular time with both of their parents. The guiding principle for custody decisions always comes down to what is best for the child. Sometimes that means that one parent will get significantly less time with their child. While this could happen for a variety of reasons, some of the most typical reasons include criminal history, drug abuse, unemployment and unstable housing. If you don’t believe your ex is able to safely care for your child, you must present evidence of your concerns to the court for consideration. If your claims are substantiated, the court could award you sole custody. Unfounded claims are unlikely to influence the judge’s decision and could appear like you’re trying to interfere in the other parent’s relationship with the child. 

Arguing your perspective to the court can prove difficult for the average person. That’s why it’s so important to hire a knowledgeable attorney who has years of experience in these types of cases. Your attorney will know how to best present evidence to increase the likelihood of custody being decided in a favorable way. Knowing what types of evidence are admissible and how to argue those regarding the child’s best interest is something they should be able to do well. 

Daniel Finder at Finder Law, LLC has over 10 years of experience in family law matters and has extensive knowledge of how the court system works in mid-Missouri. He will walk you through the court process and ensure that your rights and interests are protected.


Call us today to set up a consultation. 

This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.

July 29, 2025
In the Missouri criminal justice system, incarceration has long been the traditional response to criminal offenses. However, increasing awareness of the limitations and costs associated with jail and prison sentences has led courts, lawmakers, and advocates to explore alternative approaches that emphasize rehabilitation, reduce recidivism, and alleviate overcrowded facilities. This post explores some of the key alternatives to incarceration currently available or emerging in Missouri, providing valuable insight for defendants, attorneys, and concerned citizens.
July 24, 2025
Few phrases hit as hard as hearing your spouse say, “I want a divorce.” Whether or not you saw it coming, this moment can feel emotionally overwhelming and legally confusing. While every situation is unique, there are important steps you can take right away to protect your rights, your well-being, and your future.
July 22, 2025
Trespassing is a criminal offense that involves entering or remaining on someone else's property without permission. In Missouri, trespassing laws are designed to protect property owners' rights while balancing the public's right to access land in certain situations. Whether you're a property owner, a potential trespasser, or simply curious, it's important to understand how trespassing laws apply in the Show-Me State.
July 10, 2025
As cycling grows in popularity across Missouri—from the scenic trails of the Katy Trail to the busy streets of St. Louis and Kansas City—so does the risk of accidents involving bicyclists and motor vehicles. Unfortunately, when a crash occurs, cyclists are especially vulnerable to serious injuries. If you or a loved one has been injured in a bicycle accident in Missouri, it's essential to understand your legal rights and the steps involved in pursuing a personal injury claim.
July 8, 2025
When you're injured due to someone else's negligence, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. But once you've filed a personal injury claim, a key question arises: should you settle or should you go to court? Understanding the pros and cons of each option is essential to making an informed decision—and protecting your legal rights.
July 1, 2025
Dog bites can cause serious injuries, both physically and emotionally. In Missouri, dog bite victims have legal rights to seek compensation, and dog owners can be held liable under specific statutes and legal doctrines. If you're a dog owner or a personal injury victim in Missouri, it's crucial to understand how liability works in dog bite cases.
June 26, 2025
Each academic year brings milestones worth celebrating—homecoming, Halloween, winter break, prom, and graduation. Unfortunately, these high-spirited events often coincide with a spike in underage drinking incidents across Missouri. While young people may view underage drinking as a rite of passage, Missouri law takes these offenses seriously—and the consequences can be long-lasting.
June 24, 2025
Understanding First, Second, Third & Subsequent Offenses in Missouri: What You Need to Know