Missouri Law Change: Rebuttable Presumption of Equal Parenting Time

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.