Lee's Summit Child Custody Attorney
Jackson County and the 16th Judicial Circuit

Custody is the part of a family law case nobody can be talked into treating casually, and they are right not to. It is also the part where the law changed most recently, and where a great deal of what people have been told is now out of date.

If someone told you Missouri courts favor mothers, or that you have to prove the other parent unfit to get equal time, or that your fourteen-year-old can simply choose — none of that is the law today. This page covers what the court actually applies in Jackson County.

Missouri presumes equal or approximately equal parenting time

Section 452.375.2 carries a rebuttable presumption that an equal or approximately equal division of parenting time is in the child's best interest. It was added by S.B. 35 effective August 28, 2023, and it is rebuttable only by a preponderance of the evidence.

That single sentence reorganizes most custody cases in this circuit.

If you want equal time, you begin from the statutory default. You do not have to build a case for why you deserve it. What you do have to do is avoid handing the other side the evidence that rebuts it.

If you want something other than equal time, the burden is yours. General grievances will not meet it — not a messy house, not a new partner you dislike, not the fact that the other parent was less involved during the marriage. What meets it is specific, documented, and about the child.

Be realistic about this before you spend ten thousand dollars testing it. That conversation is one of the more valuable half hours I have with clients.

Legal custody and physical custody are two different fights

People use custody to mean one thing. Missouri uses it to mean two, and they are decided separately.

Legal custody is decision-making authority — school, non-emergency medical care, religious upbringing. Joint legal custody is common. It is also where high-conflict cases quietly fail, because two parents who cannot communicate are handed a requirement to agree with no mechanism for breaking a deadlock. A well-drafted plan anticipates that and says who decides when agreement fails.

Physical custody is where the child actually is, and when. Joint physical custody does not have to mean an even split, and an even split does not have to mean alternating weeks.

You can have joint legal with sole physical, or the reverse. Getting the combination right matters more than the label — and the label is what most people argue about.

The eight factors, and the one that changed

Section 452.375.2 lists eight factors. They are not weighted, and no single one decides a case, but some carry more practical weight in front of a Jackson County judge than others.

Factor 8 is the one to know about. It no longer reads as the wishes of the child. It now addresses the unobstructed input of a child, free of coercion and manipulation. That wording is aimed directly at the parent who coaches, and it cuts against that parent rather than for them. If you are thinking about talking to your child about the case, do not.

The factors also reward the parent more likely to allow frequent, continuing and meaningful contact with the other parent. In a close case, the parent who obstructs contact often loses on the very factor they thought they were winning.

Custody and Parenting Time works through all eight factors and how they are argued. Missouri's 8 Best Interest Factors is the longer treatment.

Your parenting plan is the document you will live under

The judgment is the headline. The parenting plan is what governs your next decade — holidays, exchanges, transportation, phone contact, who takes the child to the doctor, and what happens when someone is twenty minutes late.

Most of the post-judgment fights I see are not about the law. They are about a plan that was vague where it should have been specific, drafted by people who were exhausted and wanted the case over. Reasonable and liberal visitation is a phrase that guarantees future litigation.

When the other parent will not follow the order

An order that is ignored is not self-enforcing. Section 452.400.3 creates the Family Access Motion, which is the right tool when parenting time is being denied. The remedies are in subsections .6 and .8 — compensatory parenting time, counseling, a fine of up to $500, a bond, and attorney's fees.

Contempt is a different and heavier instrument with different proof requirements. Choosing the wrong one costs time you do not get back. Emergency Orders and Enforcement covers both, and covers what actually qualifies as an emergency — which is narrower than most people assume.

What Clients Say

Even though my situation was a tough one, my experience with Kirby was an amazing one. I felt like he really fought for me and my family. He was there for us throughout a every challenge, guiding, fighting, redirecting. The reason I chose him was on the day I met him he looked me in the eye and told me he would fight for me. I felt that is what I needed, someone on my side willing to fight. He prepared me every step of the way. Even when I was unreasonable he had a way of letting me know, which is good because during such a stressful time, emotions get the best of us. The first time we went to court, all the other attorneys sat together in the front, talking, laughing and catching up, but Kirby sat by me...that gave me strength to get through. I felt he was professional and would recommend him. He's the BEST! (Michelle D.)

I know Kirby to be an excellent attorney and trustworthy person who has been great to work with. Kirby stays three steps ahead with a very strategic mindset. It seems like every move he makes has a specific purpose. If you want someone who doesn't waste energy and stays focused on the goal, he is the one to call for help in Jackson County for sure. He has this black belt approach to his practice that is as unique as it is effective. He’s incredibly calm but knows exactly where the leverage is and uses it at precise moments to gain an advantage. On top of all that he is responsive, easy to talk to, and draws from a wealth of knowledge of not just the law but intuitive about how people react, respond, and behave. Glad to know he is just a phone call away when I need the best legal advice available. (Derek M.)

I’ve been dealing with a difficult co-parenting situation, and Mr. Minor did an amazing job helping me with my case. He was very professional and handled everything in a timely manner. I will continue to use Minor and highly recommend him to anyone in need of his services. (Raven M.)

I just finished working with Kirby on a lengthy and nuanced situation. I’m very happy with the result and my experience with Kirby. You can tell Kirby has a great deal of experience which allows him to really know what the best course of action is. He can advise you what are the possible outcomes of each decision are so you can make the best decision at each turn. I’ve enlisted Kirby’s help in a new situation as well, which shows the trust I have in him. I believe what really sets Kirby apart is his quick communication. Kirby is very responsive so you will always feel like you are up to speed and on the same page with everything that is going on. The best compliment I can give is that I will be using Kirby for any future legal needs, and I would recommend Kirby to any of my friends/family. (Frank S.)

High-conflict cases and alienation

Some cases are not really custody disputes. They are one parent methodically working to displace the other, and they require a different approach from the start: documentation built for a courtroom rather than for venting, restraint under provocation, and a clear-eyed view of what a guardian ad litem or a court-ordered evaluation will and will not accomplish.

I take these cases. They are difficult, they are expensive, and they reward preparation over volume. See Parental Alienation and High-Conflict Custody and Guardians ad Litem and Evaluations. If custody is part of a dissolution, see Lee's Summit Divorce Attorney.

A thirty-minute phone consultation is $100. I will give you a straight assessment of where your case stands under the current presumption, and what it would realistically take to move off it.

Call or text 816-888-0632.