Missouri’s 8 Best Interests Factors: Factor #6 – “The mental and physical health of all individuals involved..." by Kirby Minor, Divorce & Custody Attorney in Lee's Summit

by Kirby Minor, Divorce & Custody Attorney in Lee's Summit:

“The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.”

Missouri law (§ 452.375.2(6), RSMo) requires the court to examine the mental and physical health of all individuals involved — parents, children, and significant household members — including any history of abuse. If the court finds a pattern of domestic violence as defined in § 455.010, it must enter specific written findings of fact and conclusions of law. Custody and visitation must then be ordered in a manner that best protects the child and any victim from further harm.

Factor #6 is one of the most serious and potentially case-altering factors in Jackson County family court. It goes well beyond a casual “mental health” discussion. Courts use it to evaluate how any condition, untreated issue, substance abuse, personality concerns, volatility, or abusive behavior actually impacts a parent’s ability to safely care for the child and make sound parenting decisions.

Sun Tzu – Know Yourself and Know the Enemy (Deep Reconnaissance)

Sun Tzu would treat Factor #6 as critical battlefield intelligence. He would never ignore weaknesses on his own side, but he would systematically expose how the other parent’s mental health or behavioral patterns create genuine risk to the child.

Strategy:

Gather and organize concrete evidence showing how the other parent’s issues affect parenting — missed visits due to instability, failure to protect the child from household abuse, substance-fueled volatility in front of the children, suicidal statements made to minors, deceptive behavior, or erratic decision-making. Simultaneously, demonstrate your own consistent stability through daily parenting records, witness statements, and (when appropriate) your own clean evaluation.

Missouri Application:

When good cause is shown, Missouri Supreme Court Rule 60.01 allows the court to order a forensic psychological evaluation. Judges in the 16th Circuit give substantial weight to objective evidence that one parent’s mental health or abusive patterns impair safe parenting.

Musashi – Stay Centered When the Opponent Loses Control

Musashi would warn that when the other side becomes volatile or unstable, your greatest strength is remaining disciplined and unemotional. Do not let their chaos pull you into reactive behavior.

Strategy:

Document patterns calmly and factually: failure to protect children from household abuse, co-dependency with a partner that endangers the kids, substance use affecting household stability, or disconnect during parenting time. Show the court you are the steady, protective parent who prioritizes safety over conflict.

Missouri Application:

Courts frequently reduce or supervise parenting time when evidence reveals untreated issues that create risk. The parent who remains consistent while the other exhibits volatility gains significant credibility.

Lao Tzu – Flow with Wisdom and Protect Without Force

Lao Tzu would advise flowing around unnecessary conflict while firmly shielding the child from harm. Water nourishes life but also avoids danger.

Strategy:

Use calm, child-centered language. Highlight your own healthy functioning and ability to provide safety and stability. Gently expose how the other parent’s mental health concerns, substance issues, or failure to protect have created real risk. Frame every argument around the child’s need for a safe environment.

Missouri Application:

If a pattern of domestic violence or abuse is established, the court is required to make specific findings and tailor orders for protection. This factor can lead to supervised visitation, restricted contact, or sole custody when child safety is genuinely at stake.

The Tengu (Tengu Geijutsu Ron) – Transcend Ego and See the Deeper Reality

The tengu teaches that true mastery comes from emptiness — seeing beyond “me vs. them” to what actually serves the child’s safety and long-term well-being.Strategy:

Rise above personal animosity. Focus solely on the child’s need for safety. Show the court you are the parent who can put ego aside and prioritize protection from harm while supporting healthy parenting where it is safe and appropriate.

Missouri Application:

This factor becomes decisive when evidence reveals untreated mental health issues, substance abuse impairing judgment, failure to protect children from household abuse, or patterns of deception and volatility.

Special Strategic Tool: Motions for Psychological Evaluation

When mental health or behavioral issues are genuinely in controversy and directly affect parenting ability or child safety, a well-supported Motion for Mental Examination under Missouri Supreme Court Rule 60.01 can be a powerful litigation tool.

Effective Strategies for These Motions:

• Show good cause with specific, documented examples (not general allegations).

• Tie the issues directly to best-interests factors — especially Factor #2 (ability and willingness to parent) and Factor #6 (mental health and history of abuse).

• Request a qualified forensic psychologist (not just any therapist) with experience in custody matters.

• Ask for a broad scope: clinical interview, full history, standardized testing (MMPI-3, PAI, PCRI, etc.), record review, and specific opinions on parenting capacity and child safety.

• Request the evaluation be paid by the party whose mental health is at issue when appropriate.

  
  

Courts have ordered evaluations when there are credible concerns such as:

• Suicidal statements made directly to minor children

• Substance abuse (alcohol or prescription drugs) affecting household stability and co-parenting

• Failure to protect children from abuse by a household member

• Erratic or deceptive behavior raising questions about judgment and reliability

• Significant volatility or disconnect during supervised parenting time

• Patterns of projection or paranoia that impair safe decision-making

A thorough forensic report can provide the judge and GAL with objective clarity that dramatically influences Factor #6 findings.

Why Factor #6 Can Dramatically Shift a Case

This factor intersects directly with Missouri’s public policy of protecting children from harm. A documented pattern of domestic violence, untreated mental health issues that endanger the child, or repeated failure to protect can outweigh other factors and result in supervised visitation, restricted contact, or sole custody. When safety is genuinely at issue, the court must act to protect the child. If you are dealing with serious concerns about the other parent’s mental health, substance use, abusive behavior, or failure to protect the child in a Jackson County custody or modification case, Factor #6 can be your strongest strategic lever.

Need Experienced Strategy on Mental Health and Safety Issues?

If mental health concerns, substance issues, domestic violence patterns, or failure to protect are affecting your custody case, you need more than basic legal help — you need strategic, experienced representation that knows how to use Rule 60.01 evaluations effectively and build compelling evidence on Factor #6.The Law Office of Kirby Minor helps clients navigate these sensitive, high-stakes issues with clarity, discipline, and a focus on child safety while protecting parental rights. Text or Call 816-888-0632 for a consultation. Let’s ensure the court has a clear, accurate understanding of how everyone’s mental and physical health truly affects your child’s best interests. Oss.