CHILD CUSTODY IN MISSOURI DEFINED: PART 2- PHYSICAL CUSTODY

             Potential clients often contact me telling me that they want to fight for sole custody or joint custody of their children.  Often, after I explain to them how Missouri defines child custody, they either change their goals or realize that the label, in some cases, is not nearly as important as the details.

            So how does the state of Missouri look at custody? First, there are two components in Missouri to child custody:  legal custody and physical custody.

            In the last article we discussed Legal Custody, now I will give a brief overview of Physical Custody.  

            Physical custody deals with where the child actually “resides” and what specific days and times the children are with each parent. Joint physical custody may mean that the parents have equal parenting time but that is not always the case.  A parent that has sole physical custody is very unlikely to have the child 100% of the time to the exclusion of the other parent.

            Because Missouri favors joint custody, the most common arrangement is joint physical custody, with one parent being designated the “residential parent”.  The children likely attend school in the district the residential parent resides in, and often the residential parent receives child support from the other parent.  The children may spend up to 50% of the time with the non-residential parent.

            A sole physical custody situation is one where a court may determine that it is in the child’s best interests that one parent’s time with the child be restricted.  This may be due to abuse, drug or alcohol use or an unsuitable living situation.  It is also possible that that parent’s custody time may be supervised as well, either by court staff or someone designated by the parties or the court.  In a situation where one parent has gone for a long time without seeing the children, that parent’s time may be also be temporarily restricted as that parent and child get reacquainted with each other. 

 

For questions about child custody contact The Law Office of Barbara Graham or call us at 314-725-7600.

                                                                       

Child Custody in Missouri: Defined- Part 1: Legal Custody

            Potential clients often contact me telling me that they want to fight for sole custody or joint custody of their children.  Often, after I explain to them how Missouri defines child custody, they either change their goals or realize that the label, in some cases, is not nearly as important as the details.

            So how does the state of Missouri look at custody? First, there are two components in Missouri to child custody:  legal custody and physical custody.

            Legal custody has to do with decision making as to important aspects of the child’s life- education, medical, religious upbringing and in some cases, sports and activities. 

            If the parents have joint legal custody, they will each have an equal say in all of the decision making, and they need to discuss and agree upon any educational, medical or religious decisions.  Judges and legislature of Missouri prefer that parents share joint custody if possible because it is believed that a parent that has an equal say in his or her child’s life will be more likely to stay involved as a parent than one that feels “shut out”.

            There are situations, however, where decisions cannot be made together. If there was domestic violence during the marriage or relationship there may be a court order preventing communication, or the parents may just have so much animosity toward each other that they just cannot communicate.  In some cases a court may determine that one parent fails to exercise good judgment, or that a parent has unilaterally made the decisions without letting the other weigh in.  In both of these situations the other parent may be granted sole legal custody.

            If a parent has sole legal custody, he or she is (unless prevented by court order) still supposed to discuss any potential decisions with the other parent.  However the parent with sole legal custody may make the ultimate decision if there is disagreement.

            In a sole legal custody situation, both parents are still allowed equal access to all school and medical records.  Both parents may speak with teachers and medical professionals and show up at doctor appointments, parent teacher conferences and activities. Any exclusion in these situations would need to be addressed specifically in the parenting plan. 

 

For questions about child custody contact The Law Office of Barbara Graham or call us at 314-725-7600.

RELOCATION OF YOUR RESIDENCE: WHAT DOES IT MEAN IF YOU NEED TO MOVE OUT OF THE STATE OF MISSOURI (OR WITHIN THE STATE) AND ARE A CUSTODIAL PARENT

The unstable and unpredictable job market in Missouri often makes it necessary for a person to move to another state to pursue employment.  This can be particularly troubling if that person is a divorced parent.

Missouri (as well as most other states) has somewhat restrictive requirements when it comes to relocating your residence if you and your former spouse share custody of children.  First there is a notice requirement, in which you need to inform the other parent of your proposed move, in writing, at least 60 days prior to the move.  Some very specific information is required in this notice.

After the notice is sent, the other parent may consent to the move, which can then proceed, often with some changes in visitation schedules or transportation of the children.

But what happens if your former spouse objects to the move? Then it is up to the court to decide whether the proposed relocation will be in your children’s best interests.

Judges have told me that they dread these types of cases because they often have to choose between two good parents and one will clearly come out the loser in the end.

In addition to moving for employment, parents often need to relocate to remarry, or to be closer to family, or even to be in a better school district for the children.   In this mobile society, relocation is common but by no means easy if you have children in common with someone.

If you find yourself in a relocation situation, on either side, you need to have experienced representation as early in the process as possible.  Call Barbara Graham at 314-725-7600 or email at barb@BLG-Law.com   

A FATHER'S RIGHTS

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     My ex-girlfriend and I split up before our daughter was born. Now she won’t let me see my daughter and she says I have no rights because I am not on the birth certificate.  But she is coming after me for support.  What are my rights?   

    Without your name on the birth certificate you don’t have a lot of rights. The proceeding through the state for child support will not give you visitation rights with your child. A family law attorney can file a Petition with the court to get a declaration that you are the child’s father and to establish your visitation rights with your child.      
If you have other questions about Family Law in Missouri, or need representation on a family law matter, please contact Barbara Graham at The Law Office of Barbara Graham at 314-725-7600 or barb@blg-law.com

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           At what age can children decide which parent they want to live with? There is no magic age. Once children are close to teen years their opinion may be considered but the court will consider many other factors. Your attorney should not speak with your children about this but can go to court and get a Guardian ad Litem (an attorney for the children) appointed for them, who will be able to meet with the children and find out their preferences.  

   

     If you have other questions about Family Law in Missouri, or need representation on a family law matter, please contact Barbara Graham at The Law Office of Barbara Graham at 314-725-7600 or barb@blg-law.com

Some Common Divorce Questions

·         Do I need to get divorced in the state (or country) in which I was married? No. You actually would file a divorce in the state in which you (or your spouse) are residing at the time of filing. In Missouri you (or your spouse) need to reside in the state for 90 days prior to filing. Find a family law attorney in the state (and county) in which you reside to initiate the process for you.

·         After I file a divorce how long until I can be divorced? The State of Missouri requires that 30 days must pass after the filing of the Petition for Dissolution of Marriage before a judge can sign the Judgment and grant the divorce.  In most courts in Missouri if you have an attorney your divorce can be finalized without you having to appear in court, as your attorney can file everything and then get the judge’s signature on everything for you. 

     If you have other questions about Family Law in Missouri, or need representation on a family law matter, please contact Barbara Graham at The Law Office of Barbara Graham at 314-725-7600 or barb@blg-law.com