If you are facing a custody decision, the fastest way to get clear answers about your situation is to speak with a family law attorney.
Mothers walk in believing the court is already decided in their favor, and fathers walk in believing they have already lost. Both are working from a version of Missouri law that no longer exists. Under Missouri Revised Statutes Section 452.375, courts may not presume that either parent, based on that parent’s sex, is more qualified to serve as the custodial parent.
The Short Answer: No
It may be the most common assumption parents bring into a custody case. Mothers walk in believing the schedule is already decided in their favor, and fathers walk in believing they have already lost. Both are working from a version of Missouri law that no longer exists. Under Missouri Revised Statutes Section 452.375, courts may not presume that either parent, based on that parent’s sex, is more qualified to serve as the custodial parent.
That means a judge in St. Louis cannot award custody to a mother simply because she is the mother, and cannot deny a father parenting time simply because he is the father. Custody decisions are based on the best interests of the child, not on gender.
Still, the belief that “mothers always win custody” is one of the most common things parents say when they first sit down with a family law attorney. Here is where that belief came from, and what the law actually requires today.
Missouri’s Equal Parenting Time Law (Senate Bill 35)
In 2023, Missouri passed Senate Bill 35, which took effect on August 28, 2023. The law created a rebuttable presumption that equal or approximately equal parenting time with each parent is in the best interests of the child.
In plain terms, judges now start custody cases from the assumption that a roughly 50/50 schedule is best for the child. A parent who wants something different must prove, by a preponderance of the evidence, that equal time would not serve the child’s best interests.
The presumption can be overcome in situations such as:
- The parents agree on a different arrangement in their parenting plan
- The court finds a pattern of domestic violence
- Evidence shows that an equal schedule would not work for the specific child, for example due to distance between homes, a parent’s work schedule, or the child’s needs
The law also encourages courts to enter a temporary parenting plan early in the case so both parents maintain frequent and meaningful contact with their children while the case is pending.
For mothers, the practical takeaway is that primary custody is not a given. For fathers, it means the starting point is equal footing. For both, it means preparation matters more than gender ever did.
What Missouri Courts Actually Consider
When the presumption of equal time is challenged, or when parents cannot agree, Missouri judges weigh the best interest factors listed in Section 452.375. These include:
- The wishes of each parent, and any proposed parenting plan each has submitted
- The child’s need for a frequent, continuing, and meaningful relationship with both parents, and each parent’s ability and willingness to perform their role
- The child’s interaction and relationship with parents, siblings, and anyone else who significantly affects the child’s best interests
- Which parent is more likely to allow the child frequent and meaningful contact with the other parent
- The child’s adjustment to home, school, and community
- The mental and physical health of everyone involved, including any history of abuse
- Either parent’s intention to relocate the child’s principal residence
- The unobstructed input of the child, free of coercion and manipulation, as to the child’s custodial arrangement
Notice what is not on that list: the sex of the parent. A mother who assumes the factors favor her, or a father who assumes they work against him, is often reading the case wrong from the start.
Legal Custody vs. Physical Custody
Missouri separates custody into two parts, and the distinction matters.
- Legal custody is decision-making authority over the child’s education, health care, and welfare. Missouri courts often award joint legal custody so both parents share major decisions.
- Physical custody is where the child actually lives and how parenting time is divided. Under the current law, courts begin with the presumption of equal or approximately equal time, then adjust based on the evidence and the child’s best interests.
A parent can share joint legal custody even when the physical schedule is not an even split, and the details are spelled out in a court-approved parenting plan.
How The Betz Law Firm Can Help
The Betz Law Firm is a locally owned St. Louis family law firm helping individuals and parents through divorce, uncontested divorce, child custody, and parenting plans. Founded in 2012, our boutique team takes time to understand your goals, explains your options in plain language, and builds a strategy that fits your family and the realities of Missouri family law.
You’ll work with a close-knit team of attorneys, paralegals, and legal staff who value communication, preparation, and respect, so you can move forward with more confidence and less uncertainty.