How to File for Custody in Missouri

Which Court Handles Custody in Missouri

Child custody in Missouri is decided by the Circuit Court in the county where either parent lives. If you file in your county, the other parent can request a transfer to their county if the child has lived there for the most recent 90 days — so filing venue matters.

For married parents, custody is part of the dissolution of marriage case. For unmarried parents, custody is handled through a paternity action under RSMo Chapter 210, filed in the same Circuit Court.

Step 1: Verify Residency

At least one spouse must have been a Missouri resident for 90 consecutive days immediately before filing. If minor children are involved, Missouri must also qualify as the child's "home state" under the UCCJEA — meaning the child has lived in Missouri with a parent for at least six consecutive months before the case begins.

Step 2: File the Petition

File a verified Petition for Dissolution of Marriage (Form CAFC001) with the Circuit Clerk. The petition must state that the marriage is "irretrievably broken" — Missouri is a no-fault state and does not require proof of misconduct.

Filing fees typically range from $150 to $200. Clay County charges $197.50 for a domestic relations case with children. If you cannot afford the fee, file a Motion and Affidavit in Support of Request to Proceed as a Poor Person for a fee waiver.

Step 3: Serve the Other Parent

The respondent must receive formal notice of the case. You can use:

• Personal service by the county sheriff or a court-approved private process server
• Certified mail with return receipt requested
• Entry of Appearance and Waiver of Service if the other parent voluntarily agrees to accept the filing

If you are representing yourself, most circuits require you to complete the online Litigant Awareness Program at courts.mo.gov and file your certificate of completion with the clerk.

Step 4: File Your Parenting Plan Within 30 Days

This is the deadline most parents miss or underestimate. Within 30 days of service (or the filing of an entry of appearance), both parents must independently file their proposed parenting plans using Form CAFC501, Parts A and B.

Part A covers the residential schedule, legal decision-making authority, transportation, communication procedures, and dispute resolution. Part B covers child support — including a completed Form 14 worksheet showing how support is calculated based on both parents' incomes and the proposed overnight schedule.

If you and the other parent agree, you can file a single joint parenting plan instead of competing proposals.

Step 5: Complete Mandatory Requirements

Several administrative steps must be completed before a judge will hear your case:

• Parenting education course: The petitioner must complete an approved course (such as Focus on Kids or FOCIS) within 60 days of filing. The respondent must complete theirs within 60 days of service.
• Financial disclosures: Both parents must file a Statement of Income and Expenses (Form CAFC250) and a Statement of Property and Debt (Form CAFC240) within 120 days of filing.
• Mediation: If custody is contested, some Missouri circuits' local rules require mediation before the court will schedule a trial; for example, St. Louis County Local Rule 68.14 requires at least two hours. Some families qualify for free or subsidized mediation through programs like MARCH Mediation.

Step 6: Temporary Orders if You Need Immediate Stability

A contested custody case can take six months to over two years to reach a final hearing. If you need custody, support, or exclusive use of the family home in the meantime, file a Motion Pendente Lite (PDL). The court holds an expedited hearing and enters temporary orders that remain in effect until the final judgment.

A word of caution: the temporary arrangement you agree to during PDL often becomes the status quo that the judge carries into the final order. Accepting a restrictive schedule "just to keep the peace" can backfire if the court treats it as the established pattern of care.

What Happens at the Final Hearing

If both parents agree on all terms, the judge reviews your joint parenting plan, confirms it meets the child's best interests, and enters the dissolution decree. In a dissolution case, the mandatory, non-waivable 30-day cooling-off period runs from filing the petition; it must have elapsed before the court can enter the final dissolution decree.

If custody is contested, the case goes to trial. The judge hears testimony, reviews evidence, and evaluates the nine best-interest factors under RSMo § 452.375.2 before issuing a custody order and approving a final parenting plan.

Preparing a Plan That Gets Approved

The Missouri Child Custody & Parenting Plan Guide walks you through every section of Form CAFC501 — what to include, how to structure your residential schedule, and how the overnight count affects your child support calculation. It's designed to help you file a plan detailed enough that the court takes it seriously on the first submission.

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