Does the Wife Always Get Custody?
The courts in Missouri are required to determine whether or not there should be joint or sole legal custody and joint or sole physical custody, so these days, custody does not always go to the woman, because the children will spend time with both parents, and the main determination is how much time each one gets. The word ‘custody’ as it is used by most people is not necessarily used or defined in Missouri statutes.
In Missouri, the courts are heading toward the presumption of equal time for both parents, with facts justifying a different situation. When they do, the schedule can be modified from there. This is not an exact statement of the law nor should this be considered legal advice, but the importance of children spending time with both parents is becoming more and more obvious and recognized by the courts.
None of this should be considered as legal advice or gospel, but in the State of Missouri, especially in Boone County, where I primarily practice, the father and mother should be considered custodians for the children, barring other facts or factors that may come into play that make this situation untenable or intolerable in the eyes of the court. Therefore, it should not be presumed that a mother or a wife will automatically have total or complete control or custody over the children; rather, the parents should enjoy sharing the children in a fashion determined by the court if they cannot agree.