Missouri's family law landscape, particularly around divorce and child custody, has seen ongoing attention from lawmakers in recent years. While the major shift toward equal parenting time came with Senate Bill 35 in 2023 (effective August 28, 2023), which established a rebuttable presumption favoring equal or approximately equal parenting time as in the child's best interests, subsequent sessions have focused on refinements, related issues, and other aspects of divorce proceedings. Here's a rundown of the most recent developments as of early 2026.

The Core Framework: Equal Parenting Time Presumption (Still in Effect)

Missouri continues to operate under the 2023 changes to § 452.375, RSMo. Courts must start with the assumption that shared parenting time (equal or close to it) benefits children, unless rebutted by a preponderance of the evidence. This presumption can be overcome by factors like:

• Parental agreement to a different plan

• History of domestic violence or child abuse

• Substance abuse concerns

• Distance between homes

• Parental cooperation ability

• The child's needs and adjustment

• Unobstructed input from the child (free of coercion)

This approach has positioned Missouri alongside states like Kentucky, Arkansas, and others promoting shared parenting models, with courts prioritizing children's relationships with both parents when safe.No major overhaul to this presumption has passed since 2023, though bills in 2025 and 2026 sessions (e.g., SB 1371, HB 2043, and others) proposed tweaks like shifting language from "approximately equal" to "substantially equal" or adjusting related factors. These have not become law yet, so the 2023 standard remains the guiding rule.

Key 2025–2026 Developments and Proposals

Several bills and issues have emerged or advanced recently:

1. Child Support in True 50/50 Cases

   
   

   In the 2026 session, bills like HB 2042 have been introduced to address child support when parents share exactly equal (50/50) physical custody. The proposal would prevent courts from ordering one parent to pay child support for the child's reasonable expenses in such cases, potentially simplifying finances when time and resources are balanced. This reflects ongoing discussions about fairness in shared parenting but hasn't been enacted as of now. Child support still typically factors in income differences, even under equal time arrangements.

2. Divorce During Pregnancy

   
   

   A long-standing issue gaining momentum is Missouri's outdated rule allowing judges to deny or delay divorce finalization due to pregnancy. Advocates, including domestic violence survivors, have pushed for clarification that pregnancy cannot prohibit dissolution of marriage. Bills like SB 926 (from prior sessions) and new 2026 proposals (e.g., HB 1908 and HB 2337) aim to require disclosure of pregnancy but remove it as a barrier to finalizing divorce. These gained bipartisan support and House progress in 2025 but stalled in the Senate. Supporters hope 2026 brings passage, especially with gubernatorial encouragement, to protect individuals in unsafe situations.

3. Relocation and Custody Transfers

   
   

   Bills like SB 262 (2025 session) proposed refining the definition of "relocation" to include permanent third-party custody transfers under court order, requiring notice to noncustodial parents and potential child support abatement if custody shifts without approval. These aim to clarify processes when custody changes significantly.

4. Other Family Law Touches  

   • Enhanced legal representation in family and child welfare cases (signed into law in 2025) to ensure better advocacy.

   • Ongoing refinements to guardian ad litem roles, joint custody definitions, and factors like cooperation or abuse history in custody decisions (seen in bills like SB 638 and SB 576).

What This Means for Missouri Families

The 2023 equal parenting presumption remains the biggest recent shift, encouraging more balanced involvement unless evidence shows otherwise. Recent efforts focus on fine-tuning support calculations, protecting vulnerable parties in divorce, and clarifying relocation or transfer rules. No sweeping new custody presumption changes have taken effect post-2023, but the 2026 legislative session (underway) could bring updates on child support in equal-time cases or pregnancy/divorce rules. These laws always center on the best interests of the child, and outcomes depend on case-specific facts. If you're dealing with divorce, custody, modification, or relocation, consulting a qualified Missouri family law attorney like Kirby is essential—they can provide guidance based on the latest statutes and court interpretations. For official sources, check the Missouri Revisor of Statutes (revisor.mo.gov), Missouri Senate/House bill tracking sites, or recent session summaries. Family law evolves, so staying informed helps navigate these changes effectively. Trust a fighter like Kirby Minor to handle your important family matter armed with the latest an up to date knowledge of Missouri's Divorce and Custody landscape . Call or Text Kirby at 816-888-0632 for a consultation ASAP.