Section 26.27 Preference of Child

• Library: Family Law Deskbook and 2014 Supp

2. (§26.27) Preference of Child

One of the factors that the court considers in determining a custody arrangement is the wishes of the child as to the child’s custodian. Section 452.375.2(8), RSMo Supp. 2011.

The child’s preference as to the custodial arrangement
is of importance but is certainly not a controlling factor
if the court determines that a change is not in the child’s best interest. Kanady v. Kanady, 527 S.W.2d 704 (Mo. App. W.D. 1975). The child’s preference should be followed only if the child’s welfare and interest, as determined by all the evidence, are consistent with that preference. In re Marriage of Thompson, 682 S.W.2d 849 (Mo...