Section 9.3 Physical Custody

• Library: Family Law Deskbook and 2014 Supp

B. (§9.3) Physical Custody

Section 452.375.1(3), RSMo Supp. 2011, defines “Joint physical custody” as follows:

(3) “Joint physical custody” means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent, continuing and meaningful contact with both parents.

In Nichols v. Ralston, 929 S.W.2d 302, 304–05 (Mo. App. S.D. 1996), the court found that joint physical custody existed even though the mother had physical custody about 80% of the time while the father had physical custody approximately 20% of the time. See also In re Marriage of Johnson, 865 S.W.2d 412, 415 (Mo. App. S.D. 1993), in which the court characterized the parties’ physical custody arrangement as one of joint custody...