We often receive phone calls from parents getting ready to go through a divorce, asking if they can get “full custody” of the children. Full custody is not a term defined in the Missouri statutes and should not be used in any court judgment. Parents need to be familiar with Missouri law and the terms used in a child custody setting.

There are two types of custody referred to under Missouri law.

Legal Custody is the parental ability to make decisions on behalf of the minor child. It means the ability or authority (right) to make a decision on issues involving educational matters, medical matters, or other decisions involving the extracurricular pursuits of the child. This would include making decisions about things like sports, school, summer camp, etc.

Physical custody is the right to have actual physical possession of the child at any given time. This is what most parents are thinking of when they ask for “full custody”. Sometimes “primary custody” is used here as well, and like “full custody”, the term is not used in the Missouri statutes.

Both legal custody and physical custody can be shared by the parents, in which case the custody is considered “joint”. This is the preferred custodial arrangement and normally the court will look at joint legal custody and joint physical custody unless there is some harm to the child from a joint custody arrangement.

“Sole” custody is an alternative where only one parent is awarded legal custody, physical custody, or both. This is usually not preferred by the court unless it is shown to be in the child’s best interests. For it to be in the best interest of the child, the court typically must find that there is a physical or emotional harm to the child that would occur if joint custody was awarded.

It is important to note that joint physical custody does not necessarily mean equal time spent with both parents. Missouri courts call joint physical custody any arrangement where the child spends “significant” time with both parents. A typical alternating weekend and holiday schedule for one parent is considered “significant” time.

Split custody occurs very infrequently and involves the court splitting the children between the parents. This is not a preferable outcome because it makes it difficult for the siblings to maintain a close relationship.

Child custody provisions are reduced to a parenting plan under Missouri law. This is usually the most contentious part of any divorce. Our experienced child custody attorneys can sit down and walk through these definitions with you and help you determine what is likely to happen in a divorce and what a proper parenting plan will look like. If we can assist you in any way, please contact us.