Custody

Custody can be given to either parent or to both parents.¹ A judge cannot give preference to either parent because of that parent’s age, sex, or financial status. A judge also cannot give preference to either parent because of the age or sex of the child.²

In certain circumstances, custody or visitation can be given to someone else, known as a “third party.” In order for a non-parent to get third-party custody or visitation, the judge must believe that:

1. it is in the best interests of the child to give custody or visitation to the third party; and
2. either:
   • each parent is unfit, unsuitable, or unable to be a custodian; or
   • the well-being (welfare) of the child requires it.³

If the judge believes it is necessary to give custody or temporary custody to a non-parent, the first preference will be to give it to someone who is related to the child by blood (consanguinity) or marriage (affinity). If there is no relative willing to accept custody, then the judge can give custody to someone else who the judge believes is suitable and able to provide an adequate and stable environment for the child.⁴

^​1 MO ST § 452.375(5)
^​2 MO ST § 452.375(8)
^​3 MO ST §§ 452.375(1)((4)); 452.375(5)((5)) 
⁴ MO ST § 452.375(5)((5))(a)