Child Custody Lawyers Help You Navigate Divorce
St. Louis child custody laws are complicated. While it doesn’t mandate certain Missouri judges to awarded 50 joint custody time, it indicates that equal shared custody be awarded as much as possible. Simply put, joint custody is generally not assured. Usually, the court can award either joint custody or sole custody, and depending on the best interests of the child, it is also entirely possible that only one parent has more time with the child as compared to the other. Joint custody takes a lot of work and can be very rewarding for all parties involved. There are, however, certain factors which must be considered when determining whether joint physical custody is in the child’s interest.
For starters, the Missouri supreme court has outlined certain guidelines which must be followed by the lower courts when determining what is in the best interests of the child. Generally, the higher court’s ruling is the one which is going to be most favorable for the child. That being said, although most of the decisions made by the circuit court are upheld by the Missouri supreme court, the supreme court has allowed lower courts to take into consideration additional information which they may have overlooked. As such, both courts will consider whether the mother and father have provided adequate medical care for the children and whether they have established a home environment which will foster their development.
The first step in determining what will be in the best interest of the child is the drafting of a parenting plan. This parenting plan is an order which outlines how the custodial parents will make decisions regarding the children, who they will visit, how they will spend monies, etc. The court will also order child custody hearings. During these hearings, the court will hear from both sides regarding what has been agreed upon in the parenting plan. If both sides agree on a certain portion of the plan, the court will approve it and the modifications will be added to the parenting plan accordingly.
If, however, a battle occurs over how the parenting plan should go, the divorce will be considered a contested case. In a contested case, the parents will work out some kind of compromise agreement. This usually occurs when one or both parties are unable to agree on the terms of the parenting plan or the amount of time allocated to caring for the children. In some cases, if either party feels that they would be better off with another type of arrangement, they can file for a temporary child custody order. A temporary child custody order can last up to thirty days.
Once the parents have worked out an agreement regarding their parenting plan and the custody arrangement, they will file for a divorce and the case will proceed to trial. In St. Louis, the law requires that the divorce be contested unless there is a reason why the divorce is justified. If either party can prove that the other parent was unfit, abusive, mentally incompetent or otherwise unable to provide for the child, the court will accept their argument and prevent the divorce.
It is very important that you work very hard to obtain the best possible agreement for your child. If you’re not familiar with Missouri child custody laws, you’ll want to work with a qualified St. Louis child custody lawyer to help you learn more about your legal rights. St. Louis child custody lawyers can provide you with all of the information that you need to begin this process. They can also provide you with expert advice regarding all of the specifics of your particular case, from visitation rights, to medical visitation, to visitation schedules, and so much more. If you’re having a hard time working with your St. Louis child custody lawyer, you may want to consider using the services of an experienced, local St. Louis child custody lawyer. If you are looking for one, check out John Buchmiller & Associates LLC website at https://www.stlouisdivorcelawyers.net/child-custody/ for your Free Consultation with a St. Louis Family Lawyer!