Skip to Main Content

(314) 314-5505

Can I Get Custody Even If The Divorce Was My Fault?

Sharing is caring:

In Missouri, fault is not the sole determining factor when it comes to child custody decisions. The court’s primary consideration is the best interests of the child. Here are some key points regarding fault and child custody in Missouri:

  • No-Fault Divorce: Missouri is a “no-fault” divorce state, meaning that neither party has to prove fault or misconduct to obtain a divorce. The court does not always consider marital misconduct when dividing property or awarding custody, unless the misconduct directly affects the child’s best interests.
  • Best Interests of the Child: The court’s primary objective in child custody cases is to determine an arrangement that serves the child’s best interests.
  • While fault is not the sole determining factor, the court may consider parental misconduct or behavior that directly affects the child’s well-being. For example, if a parent has a history of substance abuse, domestic violence, or child abuse, this could weigh against them in a custody decision.
  • Joint Custody: Missouri courts generally favor joint legal custody (shared decision-making) and frequent, continuing, and meaningful contact with both parents, unless it is not in the child’s best interests.

It’s important to note that every custody case is unique, and the court will evaluate all relevant factors to determine the arrangement that serves the child’s best interests. If you have concerns about your specific situation, it’s advisable to consult with a family law attorney in Missouri who can provide personalized legal advice based on your circumstances.

At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work.  Contact us for a consultation at (314) 408-5957.

Sharing is caring: