Section 9.12 Moral Fitness

• Library: Family Law Deskbook and 2014 Supp

E. (§9.12) Moral Fitness

In addition to the factors in section 452.375.2, RSMo 2000 [now RSMo Supp. 2011], the trial court may properly consider the character and morals of a parent in determining the custody of a child. Consideration must be given to what conduct a parent may inspire by example or what conduct of a child a parent may foster by condonation.

Bauer v. Bauer, 97 S.W.3d 515, 519 (Mo. App. W.D. 2002) (citations omitted). A trial court may also consider the parent’s conduct when determining the best interests of the child. The parents’ conduct does not necessarily have to have in fact damaged the child in some way for it to be considered. Stoller v. Stoller, 330 S.W.3d 814 (Mo. App. S.D. 2011).

In In re R.C.P., 57 S.W.3d 365, 375 (Mo. App. S.D. 2001), the father, seeking custody, had prior convictions such as:

negligent homicide;

aggravated assault on a police officer;

felony possession of firearms;

two counts of stolen property; and

possession of blasting caps.

The court held that this did not constitute clear and convincing evidence of the father’s unfitness as a parent. In so holding, the court reasoned that, because his last criminal conviction was over 20 years ago...