St. Joseph child custody Lawyers

Missouri offers two types of custody – physical and legal. 

• Physical custody refers to with whom the child will reside. 
• Legal custody refers to the decision-making power for legal matters related to the child, such as where they will attend school and what medical care they should receive. 

Parents can either share joint custody, or the court may decide to award sole custody to only one parent.

Child Custody Arrangement Process in MO

Parents can work on their own custody arrangement with the help of their attorneys. If they cannot agree, however, they must proceed to court, where the judge will make the decision based on the best interests of the child. Such best-interest factors include:

• each parent's wishes for custody;
• the child's need for a meaningful relationship with both parents;
• each parent's ability and willingness to perform their functions as parent for the child's needs;
• the child's interaction and relationship with parents, siblings, and anyone else who affects the child's best interest;
• which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent;
• the child's adjustment to home, school, and community;
• the mental and physical health of all individuals involved;
• either parent's history of domestic violence;
• either parent's plans to relocate the child; and
• the child's wishes for custody if they are of mature age.

Need help with child custody or child support? Contact us today at (816) 551-2482 for a free consultation!

How Do You Get Full Child Custody in Missouri?

In Missouri, custody refers to the legal authority to make decisions about a child's upbringing and welfare. There are two types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about a child's upbringing, such as education, healthcare, and religious upbringing. Physical custody refers to where the child lives and who is responsible for their care on a day-to-day basis.

• To get full custody in Missouri, you will need to file a petition for custody with the court. The court will consider a variety of factors when determining custody, including the child's best interests, the child's relationships with each parent, and each parent's ability to care for the child.
• It is generally best for parents to try to reach an agreement on custody and parenting time, rather than leaving it up to the court to decide. If you are unable to reach an agreement, the court will make a custody determination based on the best interests of the child.

It is important to note that Missouri Law presumes that it is in the child's best interests to have frequent and continuing contact with both parents, unless it is shown that this is not in the child's best interests. The court will consider all relevant factors when determining custody, including any history of abuse or neglect by either parent.

Modifying a Custody Order

Parents have the right to request a modification of their child custody order after it has been issued. The courts favor stability for the children, but they also aim to protect the child’s best interests. Circumstances naturally change over time, and as the child grows, so may their needs and interests. A parent looking for modification of a custody order may obtain a change in the terms if they can show that, since the order was last entered, there has been a change in either the child’s or the parent’s circumstances (that would impact the child). For example, if a parent has changed jobs with different working hours, they have sufficient grounds to request an adjustment of the existing custody schedule.

Parental Alienation

As exhibited above, the court emphasizes parental cooperation when it comes to child custody issues. Parents who are willing to support each other’s time with the child will be granted a more favorable custody arrangement. Unfortunately, not all parents are as willing to honor that agreement. Parental alienation refers to a parent’s purposeful alienation of the child from the other parent physically, mentally, or emotionally. Some examples of parental alienation include:

• speaking ill of the other parent to the child so as to form negative opinions of that other parent in their head;
• physically denying the other parent access to the child;
• bribing the child with toys and gifts to draw them closer to the gift-giving parent and convincing them to spend less time with the other.

It is unlawful for a parent to act such a way with the child, as it denies the other parent’s right to the child. Keel v. Keel (2014) established that joint custody is improper when parents cannot communicate or cooperate with one another. The mother in the case restricted the father’s access to the children, made decisions without his input, and withheld information from him about the children. This breakdown in communication was a sufficient ground to modify the custody arrangement based on the mother’s actions of parental alienation.

• Unmarried Parental Rights in Missouri
  Unmarried parents seeking custody orders must establish their legal parentage before the court can intervene. In Missouri, the mother is granted automatic custody and full parental rights. 
• Establishing Missouri Father's Custody Rights
  A father interested in petitioning for custody, however, must first prove their paternity, either through an affidavit signed voluntarily by the mother or, if the mother refuses, through a court petition or genetic test. 

While the alleged father is not legally the parent, he cannot make legal decisions for the child, and the child will not have access to the father’s benefits and medical history. So, establishing the parental relationship is important for both the parent and the child.

Factors That Impact Child Custody Decisions in Missouri

When determining custody, Missouri courts consider many factors to ensure the best interests of the child are met. These factors are carefully weighed to provide a balanced and fair outcome for everyone involved. Some of the key factors include:

• Parenting History: The court looks at each parent's involvement in the child's life. Who has been more actively involved in the child's daily care, education, and activities?
• Financial Stability: Courts may assess each parent's ability to provide financial support and stability for the child. This includes looking at income, employment, and living conditions.
• Emotional Needs: The emotional well-being of the child is a critical factor. The court considers the child's relationship with each parent and which environment best supports the child's emotional health.
• Parental Cooperation: Courts favor parents who are willing to work together for the child's benefit. A cooperative approach often leads to joint custody arrangements.
• Child’s Wishes: If the child is mature enough, their preferences on where they want to live can be considered.
• Health and Safety: The physical and mental health of each parent is also evaluated, including any history of abuse or neglect.
• Sibling Relationships: Courts look at the child's relationship with siblings and try to minimize any disruptions in their bonds.

Temporary Custody Orders

In some cases, before a final custody decision is made, a temporary custody order may be necessary. This order is designed to provide a stable living situation for the child during the legal process.

• Immediate Decisions: Temporary custody addresses urgent needs, such as determining where the child will live during the case.
• Short-Term Solution: It is not a permanent decision, but ensures that the child has care and stability while the case is pending.
• Court’s Role: The judge may issue a temporary order based on the circumstances of the case, including the parents’ living situations and their ability to care for the child.

Parenting Plans in Missouri

A parenting plan is a detailed agreement between parents that outlines how they will share the responsibilities of raising their child.

• Visitation Schedules: It specifies when and where the child will be with each parent, including weekends, holidays, and vacations.
• Decision-Making Responsibilities: The plan also defines which parent will make decisions regarding education, healthcare, and other major life choices.
• Clear Agreement: A well-thought-out parenting plan is essential to prevent confusion and ensure smooth co-parenting. It helps avoid conflict and gives the child stability.
• Mutual Agreement: Ideally, parents should come to a mutual agreement. If they cannot, the court will step in to make decisions based on the child’s best interests.

Why Hire a Child Custody Attorney?

Child custody matters can involve highly sensitive matters and become hotly contested until the final court hearing. That is why hiring a child custody attorney can provide invaluable assistance to any parent who is facing the legal complexities of child custody in court.

Here are several benefits of hiring an experienced child custody lawyer:

• Helps you navigate the legal process 
• Provides an objective point of view in difficult situations 
• Knows court procedures, filing deadlines, and paperwork requirements 
• Can inform you about possible outcomes or solutions to parenting issues 
• Understands the laws around child custody matters and can provide expert advice accordingly  
• Negotiates a settlement agreement on your behalf that will be taken into consideration by a judge during proceedings  
• Has access to resources that may help support your case such as psychologists or financial advisors 
• Reviews all documents related to the case thoroughly  
• Protects your rights and best interests throughout legal proceedings

FAQ - Child Custody in Missouri

• How long does it take to get a child custody decision in Missouri?
  The time it takes to finalize a child custody decision can vary. If parents reach an agreement on their own, the process may take a few weeks. However, if the case goes to court and a judge is involved, it can take several months. The complexity of the case, court availability, and the need for evaluations can all affect the timeline.
• Can a child choose which parent to live with in Missouri?
  In Missouri, the court may consider the child's preferences if they are of sufficient age and maturity. While the child's opinion can be important, it is just one factor the court takes into account, and the decision will ultimately be based on the child's best interests.
• What if I want to relocate with my child?
  If a parent wants to move out of state or a significant distance within Missouri, they must obtain permission from the court or the other parent. This is especially true if the relocation will affect the child's relationship with the other parent. Failure to do so could result in a modification of the custody arrangement.
• How is joint custody different from sole custody?
  • Joint Custody: Both parents share the rights and responsibilities of raising their child. This often involves equal or near-equal time spent with each parent.
  • Sole Custody: One parent is granted primary physical and legal custody, while the other parent may receive visitation rights. Sole custody is typically awarded when the court determines it is in the best interest of the child for one parent to have more control.

• What if one parent denies the other access to the child?
  If one parent is preventing the other from seeing the child, it can be considered a violation of the custody order. The affected parent can file a motion with the court to enforce the custody order or request a modification. Parental alienation or obstruction can seriously affect custody decisions.
• Can grandparents seek custody of a child in Missouri?
  Yes, under certain circumstances, grandparents may seek custody or visitation rights if they can show that the child’s best interests are served by their involvement. The court will consider factors such as the child’s relationship with the grandparents and whether they are able to provide a stable environment.

Contact Our Child Custody Lawyers Today

If you are dealing with child custody issues in St. Joseph, do not hesitate to contact our firm for legal guidance. We have been advocating for parents for decades, and we are deeply familiar with the Missouri court system. We will do our best to protect your parent-child relationship and negotiate a favorable parenting plan.

Have questions about modifying your custody or support order? Contact us now at (816) 551-2482 for trusted legal assistance!