Free tool · Section 452.375.2 · The 2023 law
This Missouri equal parenting time checker shows how the 2023 equal parenting time presumption applies to your situation, in five or six quick answers.
The short answer. Since August 28, 2023, section 452.375.2 has said there is a rebuttable presumption that equal or approximately equal parenting time is in a child’s best interests. A parent who wants a different schedule has to rebut it by a preponderance of the evidence, and the judge still decides custody based on the child’s best interests.
Bardol Law Firm built this checker so parents can see which parts of the statute apply to them before they propose or agree to a schedule. It explains the law and does not predict what a judge will do. Nothing you select is saved or sent anywhere.
Check Your Situation
Answer five questions (six if you are changing an existing order) to see how Missouri’s 2023 equal parenting time presumption, in section 452.375.2, treats your situation. This explains the law. It does not predict what a judge will do. Nothing you select is saved or sent anywhere.
What the law says for your answers
Choose an answer to each question to see how the statute applies.
Sources. Section 452.375 RSMo, as amended by Senate Bill 35 (2023) · Chan v. Chan (Mo. App. W.D. 2025) · Russell v. Russell, 210 S.W.3d 191 · Morgan v. Morgan, 497 S.W.3d 359 · White v. White, 616 S.W.3d 373 · O.H.B. v. L.Y.S., 665 S.W.3d 329 · Kull v. Farahat, 732 S.W.3d 177 · sections 452.377, 452.400 and 452.410 RSMo. General information about Missouri law, not legal advice. Using this tool does not create an attorney-client relationship.
Most parents agree to a schedule before they ever talk to a lawyer.
What to say, what to sign, whether to move out, how to handle the kids’ schedule. One hour with an experienced Bardol Law Firm attorney before you decide can save you from choices that are hard to undo later. You will leave understanding your rights, your options, and what to do next.
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What the 2023 Law Says
The presumption came from Senate Bill 35, passed in 2023. The key points of section 452.375.2 are these.
The court determines custody in accordance with the best interests of the child.
There is a rebuttable presumption that equal or approximately equal parenting time for each parent is in the child’s best interests.
The presumption can be rebutted only by a preponderance of the evidence, considering all relevant factors, including the eight factors listed in the statute.
The presumption may be rebutted if the parents have agreed on all custody issues, or if the court finds a pattern of domestic violence.
A preponderance of the evidence means more likely than not. It is the ordinary civil standard, lower than the clear and convincing standard used in some other family law questions.
What Approximately Equal Means
No Missouri statute or case sets a number. In Chan v. Chan, the Court of Appeals said the statute “does not create a presumption in favor of exactly equal parenting time,” and that it knew of no precedent that mathematically quantifies approximately equal time.
To see what a proposed schedule actually adds up to across a year, including holidays, breaks and summer, use our Missouri parenting time calculator. Our 2-2-3 schedule page explains one common equal-time rotation.
How the Presumption Can Be Rebutted
The statute names two situations, then leaves the rest to the evidence.
If the parents have agreed on all custody issues, the presumption may be rebutted. The court still reviews any agreement for the child’s best interests.
A pattern of domestic violence, as defined in section 455.010, may rebut it. Our domestic violence page covers orders of protection.
Otherwise, a parent seeking a different schedule must show, more likely than not, that it better serves the child under the statute’s factors.
The eight factors the court weighs are these.
Including each parent’s proposed parenting plan.
The child’s need for frequent, continuing and meaningful contact with both, and each parent’s ability and willingness to parent.
The child’s relationships with parents, siblings and others who significantly affect the child.
Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.
The child’s adjustment to home, school and community.
The mental and physical health of everyone involved, including any history of abuse.
Either parent’s intention to relocate the child’s principal residence.
The child’s unobstructed input, free of coercion and manipulation, about the custodial arrangement.
When the parents have not agreed on all custody issues, the court must enter written findings of fact and conclusions of law on these factors. A parent planning to move a child generally must give written notice at least 60 days ahead by certified mail under section 452.377. Our relocation page explains the process.
Find out where your proposed schedule stands under the 2023 law before you sign or file.
Spend a full hour with an experienced Bardol Law Firm attorney going through the details of your case, understanding your rights, and leaving with clear next steps. It is personalized guidance you can use whether or not you hire us afterward.
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Changing an Existing Order
Before a court reaches the presumption in a modification, the parent asking for the change must meet the right standard, and the custody label in the current order decides which one applies. Morgan v. Morgan, 497 S.W.3d 359, sorts modifications into the first three groups below.
A change in the circumstances of the child or a parent with custody, which does not have to be substantial, plus the child’s best interests, under section 452.410 and Russell v. Russell, 210 S.W.3d 191.
A substantial change in circumstances, plus best interests. The same applies to changing joint legal custody to sole. Asking for the final say on one category of decisions while keeping joint legal custody uses the lower standard, under Kull v. Farahat, 732 S.W.3d 177.
When the same parent keeps sole custody, section 452.400.2 applies and the court need only find the change serves the child’s best interests. Restricting a parent’s time requires a finding that unrestricted time would endanger the child’s physical health or impair the child’s emotional development.
“Primary physical custody” is not a category in Missouri law. If a judgment expressly says joint physical custody, the Eastern District treats it as joint even with well under half the time, as in O.H.B. v. L.Y.S., 665 S.W.3d 329. If it never says joint or sole, the Eastern District has classified about two overnights in fourteen as sole custody, in Morgan and White v. White, 616 S.W.3d 373.
The Western District has declined to follow that overnight-count approach, but Eastern District decisions govern cases in the St. Louis area. Because the label decides the standard, it is worth having a lawyer read your order before you file. Our custody modification page covers the process.
Not sure how this applies to your situation?
Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We return calls from potential clients as quickly as possible, and usually within minutes.
Questions About Missouri Equal Parenting Time
Is Missouri a 50/50 custody state?
Missouri presumes equal or approximately equal parenting time is in a child’s best interests. The presumption can be rebutted, and the court decides based on the child’s best interests.
When did the equal parenting time law take effect?
August 28, 2023, through Senate Bill 35.
What can overcome the presumption?
An agreement between the parents on all custody issues, a pattern of domestic violence, or evidence under the best-interest factors. The evidence has to show, more likely than not, that a different schedule better serves the child.
Does the presumption apply to parents who were never married?
Custody for unmarried parents is decided under the same best-interest factors. Our paternity page explains how those cases start.
Does 50/50 custody mean no child support?
No. Joint custody does not prevent a child support award, and Form 14 still applies. Our Missouri child support calculator runs the full worksheet.
Is anything I select saved?
No. The checker runs in your browser. Nothing is stored or sent to the firm, and using it does not create an attorney-client relationship.
This page gives general information about Missouri law as of October 2026 and is not legal advice. Every case turns on its own facts. Using the checker does not create an attorney-client relationship.
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