Section 9.9 Best Interests of the Child

• Library: Family Law Deskbook and 2014 Supp

B. (§9.9) Best Interests of the Child

As mentioned above, custody determinations must be based on the best interests of the minor child. Nix v. Nix, 862 S.W.2d 948 (Mo. App. S.D. 1993) (citing § 452.375.2, now RSMo Supp. 2011). In a child custody proceeding, it is the affirmative duty of the trial court to enter a judgment that is in the best interests of the minor child. R.W.H. v. D.M.H., 898 S.W.2d 144 (Mo. App. E.D. 1995). The best interests of the parents are secondary. K.O.H. ex rel. Bax v. Huhn, 69 S.W.3d 142 (Mo. App. E.D. 2002) (citing Luther v. Vogel, 863 S.W.2d 902, 904 (Mo. App. E.D. 1993)).

The best interests of the child are determined by the court looking at all relevant factors. Roush v. Roush, 195 S.W.3d 12 (Mo. App. W.D. 2006). When determining what is in the best interests of this child, past conditions of either parent are only material to the extent that they clarify existing conditions. In re Marriage of Horinek, 41 S.W.3d 897 (Mo. App. S.D. 2001).

The fact that parents stipulated to custody is but one factor that a trial court considers when determining the best interests of the child. The trial court may...