Section 12.16 Burden of Proof

• Library: Family Law Deskbook and 2014 Supp

B. (§12.16) Burden of Proof

As in all custody cases, the burden of proof falls on the moving party to prove that the proposed custody arrangement or change in custody is in the “best interests of the child.” Section 452.375, RSMo Supp. 2011. The court must consider all of the factors listed in § 452.375.2, including any allegations of abuse and any history of abuse of any family members involved, when determining the child’s best interests as to the custody arrangement. Evidence of abuse or neglect...