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Are child wishes considered in Missouri custody cases?

On Behalf of | May 29, 2025 | Firm News

Child custody decisions can be challenging and emotional for families. In Missouri, the courts focus on the child’s best interests when determining custody arrangements. Understanding how a child’s wishes factor into these decisions can offer clarity during this process.

Missouri’s approach to child custody

Missouri has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures consistent enforcement of custody orders across state lines. Yet, Missouri state laws primarily govern custody decisions. Missouri courts emphasize the child’s best interests more than anything else when evaluating custody cases.

The court encourages parents to reach an agreement on custody arrangements. These include decisions about the child’s upbringing and how parents will share time. If parents cannot agree, the court steps in to decide based on Missouri’s custody laws.

Considering child wishes

Missouri courts do consider the child’s wishes in custody cases. The child’s preference is one of many factors that judges evaluate. The court assesses the child’s age, maturity, and ability to express a clear and reasoned preference. While the child’s wishes hold weight, they do not solely determine the outcome.

Judges may talk to the child directly or appoint a guardian ad litem to represent the child’s interests. The court looks at the child’s overall well-being, family dynamics, and stability in home and school environments.

Best interests of the child

The central focus in Missouri custody cases is the child’s best interests. The court considers several elements, such as the child’s emotional and physical needs, parental capabilities, and each parent’s willingness to support a positive relationship with the other parent.

The child’s wishes are part of the equation, but the court also evaluates factors like family relationships and the child’s adjustment to living arrangements. Decisions aim to create a nurturing and supportive environment for the child.

Missouri courts value the child’s wishes in custody decisions but balance them with other factors. Consulting a knowledgeable family law attorney can help families understand these considerations and prepare effectively for custody proceedings. An attorney can provide guidance and advocacy to achieve the best outcome for your child’s future.