In A Divorce – What Does the Best Interest of a Child Mean?~ 4 min read

In Missouri custody cases, the court decides parenting arrangements based on what serves the child’s overall well-being. Judges look at factors such as each parent’s involvement, the child’s relationships, school stability, mental and physical health, and each parent’s willingness to support the child’s relationship with the other parent.

Understanding the “Best Interest” Standard

When you are dealing with custody issues in Missouri, the court is required to determine custody according to the child’s best interest. While the law gives several factors for courts to consider, it does not provide one exact definition of what “best interest” means.

Missouri law includes a rebuttable presumption that equal or approximately equal parenting time is in a child’s best interest. In other words, the court starts with the assumption that substantial time with both parents is generally beneficial for children. However, the court must still consider the specific facts of each case before making a final decision.

The Court Looks Beyond What Parents Want

The court will consider what each parent wants, but judges also look at why a parent is asking for a certain custody arrangement. They want to see whether the parent is focused on what is best for the child or mainly focused on getting what they want.

For example, a parent asking for equal parenting time may not be viewed positively if their behavior shows they are more interested in “winning” than helping the child thrive. Courts often favor the parent who puts the child’s emotional and developmental needs first.

Supporting the Child’s Relationship with Both Parents

Missouri courts strongly value a child having a frequent, continuing, and meaningful relationship with both parents. Judges pay close attention to which parent is more willing to encourage that bond.

If one parent interferes with communication, creates conflict during exchanges, or regularly speaks negatively about the other parent, the court may view that behavior as harmful to the child. Promoting a healthy co-parenting relationship is viewed as being in the child’s best interest.

Stability Matters

Courts also look at how well a child is doing at home, in school, and within the community. This includes grades, attendance, friendships, extracurricular activities, and relationships with family members.

A parent who supports homework, school attendance, sports, and strong family relationships may be viewed more favorably by the court.

Mental and Physical Health Considerations

The mental and physical health of everyone involved can also affect custody decisions. Simply having a mental or physical health condition does not prevent a parent from having custody or parenting time.

Instead, courts focus on whether a health condition negatively affects the child. For instance, untreated mental health concerns, aggressive behavior, or ongoing conflict between parents may raise concerns if those actions impact the child’s emotional well-being.

The Child’s Wishes Can Matter

Courts can also consider the child’s preferences, depending on the child’s maturity and whether the opinion appears free from pressure or manipulation.

A judge may place less weight on a child wanting to live with the parent who has fewer rules. However, if a mature child expresses a sincere desire to spend more time with a parent, the court may consider that preference more carefully.

Putting Your Child First

One of the most important things you can do during a custody case is prioritize your child above your anger or frustration with the other parent. Children are deeply affected by ongoing parental conflict.

When you communicate respectfully, cooperate during exchanges, and support your child’s relationship with the other parent, you help create a healthier environment for your child. Parents who truly put the child first are already supporting the child’s best interest.

Contact Family Ally

If you have questions or need legal assistance regarding child custody or any other family law matter, please contact Jennifer Piper at 314-449-9800 or contact us online to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

FAQs

• Does equal parenting time always happen in Missouri?
  No. While Missouri law presumes that approximately equal parenting time may be in the child’s best interest, courts still review all custody factors before making a final decision.
• Can a child choose which parent to live with?
  Not entirely. A judge may consider a child’s wishes, especially if the child is mature enough to express an independent opinion, but the court makes the final decision.
• Will mental health issues prevent a parent from getting custody?
  Not automatically. Courts focus on whether a mental health condition negatively affects the child or interferes with parenting responsibilities.