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Jul 27, 2026
If you have asked, “Can you modify a custody order in Joplin after the 50/50 parenting law?” know that you can seek a modification, but the new law does not automatically modify existing custody orders. If parents already have a court-approved parenting plan, they should continue following that order unless and until the court approves a change to the order. Understanding how modification laws work in Missouri can help you understand your options.
What Changed Under Missouri’s New 50/50 Parenting Law?
Missouri’s custody statute was updated to create a rebuttable presumption that parents should have substantially equal parenting time. Essentially, when determining how parenting time should be allocated, Missouri courts start with the presumption that equal or nearly equal parenting time is in the child’s best interests unless there is evidence that another schedule would better serve the child.
The change to Missouri law does not mean every family should have a 50/50 schedule. Judges retain discretion to weigh the best-interest factors and approve orders that they believe serve the child’s best interests. Additionally, each child custody decision is based on the specific circumstances of the child. Just because parents can ask for 50/50 parenting time does not mean the court is going to order it.
Does the New Law Automatically Change Existing Custody Orders?
With any change in the law, some parents wonder if their existing court orders still apply. In this situation, parents sometimes assume that because Missouri adopted a new standard for allocating parenting time, their prior custody order automatically has no effect. However, this is not always the case.
Existing custody orders remain in force until the court modifies or terminates them. Custody orders are legal judgments that people must continue following until the judge says otherwise. The fact that today’s law is different from what it was when a parent received an initial custody order does not give either parent the ability to simply start following a new schedule.
That being said, if circumstances change, parents can ask the court to revisit the existing order. A parent may still need to show that a legal reason exists to modify the order.
When Can I Modify a Custody Order?
Missouri’s child custody modification laws allow a parent to request a modification of the custody order when two conditions are met. The first requires that since the previous custody order was entered, the circumstances of the child or one parent have changed substantially, and the change to the current order would be in the child’s best interests. Circumstances that might justify modifying a custody order are listed below:
- Parental relocation
- A change in the child’s school or educational needs
- Changes to a parent’s work schedule
- Safety concerns related to the child’s health and well-being
- Parents’ failure to adhere to the current parenting plan
Missouri had a marriage rate of 5.7 and a divorce rate of 2.6 per 1000, according to the CDC. Additionally, unmarried mothers gave birth to 38.8% of live births, emphasizing the necessity of sound child custody decisions.
How to Hire a Modification Lawyer in Missouri
Parents who hire a modification lawyer often have issues that affect more than just the child’s parenting schedule. Perhaps one parent wants to relocate. Maybe both parents have had changes to work schedules or responsibilities. Remarriage, children from other relationships, changing schools, or shifting work schedules can all affect a child’s daily life.
A knowledgeable Joplin modification attorney can help you compile the right documentation for your child custody case. They can also assist you in constructing a compelling case to present to the court explaining why your request meets the legal requirements and is supported by the facts of your situation.
Local Factors for Families in Joplin
Joplin is a growing city with expanding opportunities in healthcare, manufacturing, education, and other professional fields. As parents relocate for work, develop new careers, or decide to remarry, the custody and parenting plans they once agreed to may no longer work with their current schedules.
Most custody cases in Joplin begin in district court but may likely be heard by the Jasper County Circuit Court at 302 S Main Street, Joplin, MO 64836. The judges who preside over this court have experience modifying custody orders and can look at each parent’s reasons for requesting a modification.
FAQs
How Do I Modify Child Custody in Missouri?
To modify child custody in Missouri, you generally need to file a request with the court that granted the current custody order. The parent who files must provide evidence that there has been a change in circumstances since the order was put in place. They also need to show that the requested modification is in the best interests of the child. The court considers the evidence along with other factors before issuing a ruling.
What Can Be Used Against You in a Custody Battle?
Elements that might work against you in a child custody battle are those that can prove your inability to care for and provide for your child. The court might remove your child from your care if you demonstrate you’re an unfit parent. Failing to adhere to court mandates, hindering the child’s connection with the other parent, substance abuse, neglect, or exhibiting abusive conduct are all potential issues that could be used against a parent.
What Are the Grounds for Modification of Custody in MO?
When considering modification of custody in MO, consider that courts typically want to see proof that there has been a change in circumstances. Examples include an indication that one parent is moving, the child’s needs have changed, a parent’s situation has changed, there are concerns for the child’s safety, or there are issues with the current parenting plan. The court may also want to see that modifying the order is in the best interests of the child.
How Hard Is It to Modify Child Custody?
Modifying a custody agreement can be difficult because the court wants to avoid disrupting the child’s routine. Parents who want to make a change need to show evidence that they meet the legal standards to modify custody instead of simply asking for a new schedule. The level of difficulty in modifying child custody depends on your situation and evidence.
Why Choose Bundy?
Bundy adds national experience in family law to your complex custody case. Our Joplin family law attorneys are Fellows of the American Academy of Matrimonial Lawyers. In fact, Aaron Bundy is Oklahoma’s only Fellow of the International Academy of Family Lawyers*. We handle cases with care and can approach your case with the careful attention it needs. Contact our legal team for your family law needs.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
