Question 1

Q: I heard Missouri is a 50/50 equal parenting time state now. What does that mean for me divorcing with children?

Accepted Answer

A: Missouri has made significant strides in promoting equal parenting time in child custody cases through recent legislative changes. The key development is a rebuttable presumption in favor of equal or approximately equal parenting time, which shifted how courts approach custody decisions to better support children's relationships with both parents. The 2023 Law Change: Senate Bill 35 (SB 35)In 2023, Missouri enacted Senate Bill 35, signed into law by Governor Mike Parson and effective August 28, 2023. This amendment to Missouri's child custody statutes (primarily § 452.375, RSMo) introduced a rebuttable presumption that awarding equal or approximately equal parenting time to each parent is in the best interests of the child. Prior to this change, courts weighed various factors without a specific starting presumption favoring equal time.

The new law requires judges to begin with the assumption that shared parenting time benefits children, reflecting research showing that kids often thrive with meaningful involvement from both parents when safe and feasible. This doesn't mandate a strict 50/50 split in every case. Instead, it's a rebuttable presumption, meaning it can be overcome (rebutted) by a preponderance of the evidence—the standard where something is shown to be more likely true than not.

Reasons to rebut it include:
A pattern of domestic violence or child abuse
The parents' own agreement to a different arrangement
Other factors showing equal time wouldn't serve the child's needs (e.g., parental fitness, substance abuse history, distance between homes, child's adjustment, or cooperation ability)
The law also encourages courts to issue temporary parenting plans early in cases to ensure both parents can participate in decisions and maintain contact with their children promptly. 
What "Equal Parenting Time" Means in Practice
Joint physical custody involves the child spending significant time with both parents, often interpreted as close to equal overnights.
Missouri doesn't require exactly 50/50 (e.g., week-on/week-off), but "approximately equal" is the goal under the presumption.
Courts still prioritize the best interests of the child above all, using an updated list of factors like parental cooperation, child's needs, history of abuse, and more.
Even with equal time, child support may still apply, typically based on income differences rather than time spent (though proposed bills like HB 2042 in 2026 sessions have aimed to adjust this for true 50/50 splits, but aren't law yet).
Ongoing and Proposed Developments
While the 2023 change remains the primary "new" framework, bills in later sessions (e.g., SB 638 in 2025, SB 1371 in 2026) have sought to refine definitions—such as changing "approximately equal" to "substantially equal" or tweaking related factors—but the core rebuttable presumption from SB 35 continues to guide cases. Some media and online sources have called Missouri a "50/50 custody state," but it's more accurate to say it starts with a presumption favoring shared time that's rebuttable based on evidence.
Why This Matters for Families
This shift aims to reduce conflict, promote fairness, and prioritize children's emotional well-being by encouraging both parents' involvement—unless safety or other concerns dictate otherwise. It represents a move toward shared parenting models seen in other states. If you're navigating a custody case in Missouri, consult the Law Office of Kirby L. Minor in Lee's Summit, Missouri for advice tailored to your situation, as outcomes depend on specific facts and evidence. The law empowers more balanced arrangements but always centers on what's best for the child.

Question 2

Q: Will you explain visitation and custody determinations in Jackson County and how a local divorce attorney is able to protect my relationship with my children?

Accepted Answer

In Jackson County (16th Judicial Circuit, including Lee's Summit), custody and visitation (now more commonly called parenting time or residential schedule) are determined according to Missouri law (§ 452.375, RSMo), with the overriding goal of serving the best interests of the child. The court strongly favors arrangements that allow frequent, continuing, and meaningful contact with both parents unless safety, unfitness, or other serious factors make that inappropriate.

Key Concepts in Missouri Custody & Parenting Time

Missouri uses two main types of custody:
Legal Custody (decision-making authority):
Joint legal custody is presumed best — both parents share major decisions (education, health care, religious upbringing, extracurriculars).
Sole legal custody is rare and usually only awarded if one parent is unfit or non-cooperative.
Physical Custody / Parenting Time (where the child lives day-to-day):
Joint physical custody — significant time with both parents (often close to equal overnights, though not always exactly 50/50).
Since 2023 (SB 35), Missouri has a rebuttable presumption that equal or approximately equal parenting time is in the child's best interests.
This presumption starts every case assuming shared time unless rebutted by a preponderance of the evidence (more likely than not) showing equal time would harm the child (e.g., domestic violence, substance abuse, significant distance, parental unfitness, lack of cooperation, or child's special needs).

The court uses 14 statutory factors (§ 452.375.2) to determine what serves the child's best interests, including:
Wishes of the parents and unobstructed input from child (if old enough).
Child's need for frequent, meaningful contact with both parents.
History of abuse, domestic violence, or substance issues.
Parental cooperation and willingness to facilitate the child's relationship with the other parent.
Child's adjustment to home, school, and community.
Mental/physical health of all parties.
Stability of the child's environment.
Visitation / Parenting Time is the detailed residential schedule in the parenting plan (e.g., week-on/week-off, alternating weekends + midweek, 223 or 225 schedules, holiday rotations, summer vacation). Courts favor schedules that maximize both parents' involvement unless rebutted.

How a Local Jackson County Attorney Protects Your Relationship with Your Children

A local Lee's Summit/Jackson County attorney gives you a meaningful advantage in custody and parenting time determinations:
Understanding Local Application of the Presumption

Jackson County judges apply the equal parenting presumption consistently but look closely at rebuttal evidence. A local attorney knows how the 16th Circuit judges weigh factors (e.g., cooperation, distance between homes, GAL recommendations, school stability) and crafts arguments/evidence that align with what actually persuades those judges.

Building Strong Evidence to Lock In or Defend Equal Time

We help gather and present compelling proof: detailed parenting logs, communication records, witness statements, school/medical records, and expert input (e.g., psych evals in alienation cases). This strengthens your position under the presumption or rebuts it if necessary (e.g., proving unfitness or safety concerns).

Strategic Parenting Plan Drafting

We draft or review detailed, enforceable parenting plans that maximize your time and involvement while minimizing conflict (e.g., clear holiday schedules, transportation rules, make-up time provisions). Local knowledge ensures the plan is realistic and court-approvable.

Countering High-Conflict Tactics

In cases involving alienation, false allegations, or non-cooperation, local counsel knows how to expose patterns quickly (e.g., through discovery, temporary orders, or GAL advocacy) and protect your relationship before damage escalates.

Temporary Orders & Early Momentum

We move fast for temporary parenting orders to secure status quo or meaningful time early—preventing the other parent from establishing de facto primary custody.

Negotiation & Mediation Leverage

Familiarity with local mediators, GALs, and opposing counsel often leads to better settlements and avoids unnecessary trials.

Enforcement & Modifications

Post-judgment, local attorneys monitor compliance and file swift enforcement motions or modifications when substantial changes occur—keeping your relationship protected long-term.

Without local expertise, out-of-area or pro se parents risk missing nuances that affect how judges apply the presumption, weigh evidence, or approve plans—potentially resulting in less time or weaker protections. If you're fighting for meaningful time with your children in a Jackson County divorce or modification, contact the Law Office of Kirby Minor for a consultation. We use disciplined, aggressive strategy and deep local knowledge to protect your parental rights and your children's right to both parents or to protect your child from an unfit parent. Call or text 816-888-0632  Your relationship with your children is worth fighting for—strategically and relentlessly.

Lee's Summit Divorce & Custody Attorney

LEE'S SUMMIT DIVORCE ATTORNEY KIRBY MINOR FAQ

Frequently Asked Questions

Q: I heard Missouri is a 50/50 equal parenting time state now. What does that mean for me divorcing with children?

Q: Will you explain visitation and custody determinations in Jackson County and how a local divorce attorney is able to protect my relationship with my children?