Section 9.22 Separating Children

• Library: Family Law Deskbook and 2014 Supp

V. (§9.22) Separating Children

“Absent exceptional circumstances, the children of divorced parents should not be separated, but the trial court does have the power to decree separation if it is in accordance with the best interests of the children.” Cross v. Cross, 30 S.W.3d 233, 235 (Mo. App. E.D. 2000).

In Noland-Vance v. Vance, 321 S.W.3d 398 (Mo. App. S.D. 2010), the Southern District held that splitting three older siblings from three younger siblings was in the children’s best interests given the exceptional and unusual circumstances of the case. The trial court found that the older siblings had a negative influence on the younger siblings, making them “unjustifiably afraid” of their father. Further, there was evidence of alienation and determination that separating the older siblings from the younger siblings could help preserve the relationship with the father.

In Durbin v. Durbin, 226 S.W.3d 876, 880 (Mo. App. W.D. 2007), the Western District upheld a split custody award when the teenage sister preferred to live away from her younger brothers “so she could receive more parental attention.”

In In re Marriage of Barton, 158 S.W.3d 879, 885...