Section 26.28 Moral Fitness of Parents

• Library: Family Law Deskbook and 2014 Supp

3. (§26.28) Moral Fitness of Parents

Courts continue to consider the “moral fitness” of parents seeking primary custody. See Brotherton v. Lowe, 819 S.W.2d 74 (Mo. App. S.D. 1991), for a holding in which the court reviewed “immoral conduct.” Id. at 77. In Brotherton, the conduct involved frequent overnight visits by the father’s girlfriend.

Generally, adultery is not sufficient to warrant a change of custody unless the moral conduct is so bad as to directly affect the physical, mental, economic, or social...