If you are a father going through a divorce or separation in Missouri, you may have heard that mothers typically get more parenting time. The law tells a different story. Missouri courts cannot favor either parent based on gender, and since 2023, equal parenting time has become the legal starting point in custody cases. Here is what that means under the law and how you can position yourself to achieve it.
What does Missouri consider when awarding parenting time?
Missouri courts start from the presumption that equal or approximately equal parenting time serves the child’s best interests. Courts weigh several factors when making that determination, including:
- Each parent’s ability and willingness to actively perform parenting duties
- Which parent is more likely to support the child’s relationship with the other parent
- The child’s adjustment to their home, school and community
- The mental and physical health of all individuals involved
- Any history of domestic violence or abuse
If the other parent wants a different arrangement, the burden is on them to prove why equal time would not work.
How can you build a case for equal parenting time?
The 50/50 presumption is a strong starting point, but it helps to show up as an active, cooperative parent before and during your case. A few things that can make a real difference:
- Documenting involvement: Consider keeping a record of school events, medical appointments and pickups and drop-offs. Text messages and emails can also be useful. A written record tends to be more persuasive in court than memory alone.
- Supporting the other parent’s relationship: Missouri courts specifically consider which parent is more likely to facilitate the child’s relationship with the other parent. A father who speaks positively about the mother and encourages that connection is viewed more favorably than one who does not.
- Developing a realistic parenting plan: Courts require a written parenting plan that accounts for your child’s schedule and both parents’ work schedules shows the court you have thought through the practical side.
The stronger your record as an involved, cooperative parent, the better positioned you will be when the court evaluates your case.
Taking the first step toward equal parenting time
Equal parenting time is achievable for fathers in Missouri, but the outcome depends heavily on preparation and how the case is presented. Working with a family law attorney who understands Missouri custody law can help build the right strategy from the start, whether in an initial custody proceeding or seeking to modify an existing arrangement. The earlier the process begins, the stronger the legal standing may be.
