USA – MISSOURI Law and Practice Contributed by: Aaron Bundy and Hannah Lange, Bundy Law
• the wishes of the child’s parents as to cus - tody and the proposed parenting plan submit - ted by both parties; • the needs of the child for a frequent, continu - ing and meaningful relationship with both par - ents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child; • the interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests; • which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent; • the child’s adjustment to the child’s home, school and community – the fact that a parent sends their child or children to a home school or FPE (family-paced education) school shall not be the sole factor that a court consid - ers in determining custody of such child or children; • the mental and physical health of all individu - als involved, including any history of abuse of any individuals involved – if the court finds that a pattern of domestic violence as defined in Section 455.010 of the Revised Statutes of Missouri has occurred and if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court must: (a) enter written findings of fact and conclu - sions of law; and (b) order custody and visitation rights in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, as well as the parent or other family or household member who is the victim of domestic violence, from any further harm; • the intention of either parent to relocate the principal residence of the child; and
• the unobstructed input of a child, free from coercion and manipulation, as to the child’s custodial arrangement. Missouri has a separate statute concerning modification of custody after an initial custody determination (Section 452.410 of the Revised Statutes of Missouri). The appellate standard of review of child custody decisions by trial courts is abuse of discretion, which speaks to the broad oversight and decision-making authority enjoyed by trial courts when making child custody deci - sions. Child support is based on established guidelines that are presumptive. Deviation from the applica - tion of the child support guidelines requires judi - cial approval and specific findings detailing the factors warranting the deviation. Child support obligations terminate as a matter of law when the child: • dies; • marries; • enters active duty in the military; • becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; • reaches the age of 18, unless the provisions of subsection 4 or 5 of Section 452.340 of the Revised Statutes of Missouri apply; or • reaches the age of 21, unless the provisions of the child support order specifically extend the parental support order past the child’s 21st birthday for reasons provided by sub - section 4 of Section 452.340 of the Revised Statutes of Missouri. If the child is physically or mentally incapable of supporting themselves and insolvent and unmarried, the court may extend the parental
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