Section 9.19 Custodial Preference of the Child

• Library: Family Law Deskbook and 2014 Supp

L. (§9.19) Custodial Preference of the Child

The court should consider a child’s preference along with other facts and circumstances before it, but that preference should be followed only if the welfare and interests of the child, as determined by all evidence, are consistent with
that preference. Kerr v. Louderback, 35 S.W.3d 511, 514–15 (Mo. App. S.D. 2001).

In Babbitt v. Babbitt, 15 S.W.3d 787, 789 (Mo. App. S.D. 2000), the court acknowledged the “long-standing rule that in custody proceedings if the child is of sufficient age to form and express an intelligent custodial preference, the child should be allowed to do so, and the court must consider that preference along with the other facts and circumstances before it.” See § 452.375.2(8), RSMo Supp. 2011.

Whether the child is of sufficient age to form an intelligent custodial preference will be determined on a case-by-case basis. In Osmun v. Osmun, 842 S.W.2d 932 (Mo...