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Missouri Revised Statutes

Mo. Rev. Stat. § 532.370 (2026)

Duty of court in awarding custody of children

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  532.370.  Duty of court in awarding custody of children. — In all cases where it shall appear from the evidence in any proceedings in habeas corpus, instituted between husband and wife for the custody of their children under the age of fourteen years, that by reason of insanity, drunkenness, cruelty, or other cause, the party against whom the complaint is brought is unfit to have the care and government of the child or children in controversy, it shall be lawful for the court hearing said cause to award the custody of the same to the complainant or other guardian, as shall be deemed best in the premises, and to make such other orders touching the custody and control of such child or children as the court may deem proper; and the order or decree of court touching said custody shall be valid and remain in force during any period within the minority of said child or children, which shall be fixed by said court; and any person at any time violating said order or decree may be dealt with summarily for contempt.

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(RSMo 1939 § 1659)

Prior revisions: 1929 § 1495; 1919 § 1945; 1909 § 2510

Notes of Decisions
Cited in 3 cases, 1955–1989 · leading case: State ex rel. Busch ex rel. Whitson v. Busch, 776 S.W.2d 374 (Mo. 1989).
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State ex rel. Busch ex rel. Whitson v. Busch, 776 S.W.2d 374 (Mo. 1989). · cites it 11× “Both parties refer to § 532.370, RSMo 1986, which provides: In all cases where it shall appear from the evidence in any proceedings in habe-as corpus, instituted between husband and wife for the custody of their children under the age of fourteen years, that by reason of…”
Wakefield v. Thorp, 283 S.W.2d 467 (Mo. 1955). · cites it 2× “In the light of these authorities we may not, in any event, consider the alleged oral directions of the divorce court by which respondents seek to supplement or impeach the written record awarding custody.”
Wakefield v. Thorp, 283 S.W.2d 467 (Mo. 1955). · cites it 3× “The writ of habeas corpus is properly used, in certain instances, to procure custody and possession of a minor child; Section 532.370 RSMo 1949, V.A. M.S.; Ex parte De Castro, 238 Mo.”
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