Court of Appeals Affirms Sole Custody Based on Evidence Presented to the Trial Court

Courts generally prefer joint child custody whenever possible in Missouri. While there is a presumption that equal parenting time is in a child’s best interests, a parent may be able to rebut this presumption by presenting evidence that a joint custody arrangement would be detrimental to the child. A case recently heard by the Missouri Court of Appeals addressed this issue. Specifically, it held that the trial court’s award of sole physical custody and sole legal custody to the mother was appropriate — as credible evidence was presented to the trial court of the father’s controlling and emotionally abusive behavior toward the mother in front of the children.

What is Sole Custody?

Sole custody comes in two parts — legal and physical. Sole legal custody means one parent has the sole authority to make all major decisions regarding the child’s education, health, religious upbringing, and general welfare. Sole physical custody refers to where the child primarily or exclusively resides. In many cases, the parent without sole physical custody is granted visitation rights, unless it would endanger the child’s welfare. In these situations, a judge may restrict visitation or order supervised visitation.

Sole custody arrangements are typically granted in cases involving child abuse, neglect, or substance abuse. A court may also order sole custody if a parent has a severe mental issue that would make them unfit to participate in making major decisions for the child, or the judge finds it is in the child’s best interests to remain with one parent exclusively due to other circumstances.

The Court’s Decision in In Re: The Marriage of Brian L. Campbell v. Shelbie E. Campbell

A recent case heard by the Missouri Court of Appeals, In Re: The Marriage of Brian L. Campbell v. Shelbie E. Campbell, concerned a review of the trial court’s decision granting sole physical custody and sole legal custody of the parties’ children to the mother. In this matter, the father argued that the trial court misapplied the law in granting the mother sole custody in reliance on the presumption that joint custody is in the children’s best interests. To support his argument, he asserted that there was no finding of physical abuse or neglect, but rather, the court’s determination was based on his work schedule and relationship with the mother.

However, the Court of Appeals found that the evidence presented to the trial court was sufficient to rebut the presumption. The court evaluated a variety of evidence weighing against the father, including the father’s attitudes and behaviors toward the mother in front of the children; his attempts to control the mother and destroy her self-confidence; and his irrational outbursts and threats to the mother. The court also considered the father’s recurrent verbal, emotional, and mental abuse of the mother as witnessed by the children; lack of financial support for the children; utter disrespect for the mother; and lack of credibility under oath.

Citing precedent, the Court of Appeals held that it would not disturb a custody ruling by the lower court unless it was convinced that another disposition was necessary for the child’s welfare. The court opined that the trial court did not make any findings that weighed against the mother and found her to be credible.

The Rebuttable Presumption That Equal Parenting Time is in the Child’s Best Interests

Under Missouri law, there is a rebuttable presumption that equal parenting time is in the best interests of the children. However, this presumption can be rebutted by a preponderance of the evidence based on the following factors:

• The wishes of the child’s parents as to custody and the proposed parenting plan;
• The needs of the child for frequent, meaningful, and continuing contact with each parent and the ability and willingness of each parent to perform their function as mother and father;
• The child’s relationship with their parents, siblings, and others who significantly affect their best interests;
• Which parent is more likely to encourage the child to have a relationship with the other
• The child’s adjustment to their home, school, and community;
• The mental and physical health of everyone involved, including any history of abuse;
• The intention of either parent to relocate the principal residence of the child; and
• The child’s input, free from coercion and manipulation, as to the custodial arrangement.

A trial court must address all of the above factors and enter written findings in light of the evidence when determining a custody matter.

Contact a Dedicated Missouri Divorce and Family Law Attorney

Child custody matters can be legally complex and emotionally overwhelming. It’s essential to have a skillful attorney who can protect your rights and advocate for the best possible outcome in your case. Divorce and family law attorney Mark A. Wortman is dedicated to helping his clients navigate their child custody matters in divorce and ensuring the best interests of their children are met.