Missouri Child Custody Lawyer: Who Gets the Child?
A Missouri child custody lawyer operates under Missouri family law statutes in situations where parents cannot agree on custody of their child. They provide legal counsel, advice, and instructions and file the petition or motion to modify with the proper court. When you are going through a divorce, legal separation or are seeking a custody modification for your child, a Missouri child custody lawyer can offer valuable legal advice, help you create a parenting proposal, and guide you through each step of the process of settling the matter in a court of law.
A parenting proposal helps the judge, and both parents create a schedule that will work for everyone. If you and your former spouse can’t come to an acceptable agreement, then the courts will step in and make the decision for you. As each case has its own particular set of facts, the law provides guidelines, and a Missouri child custody lawyer is proficient at interpreting the law when navigating the process with you.
It is at the judge’s discretion whether to grant either sole or joint, legal and physical custody or to grant either parent more parenting time than the other. In Missouri, the courts do not favor the mother over the father; in fact, current Missouri law prohibits judges from basing their custody decisions on either parent’s gender. It is also a common misconception that custody will automatically be divided equally. Although the law typically favors joint child custody between the parents, it is not mandated by law.
When determining who gets the child in a custody matter, the judge will hear evidence and weigh various factors for determining what is best for the child, such as:
- The child’s interaction with each parent;
- The child’s ability to adjust to each parent’s home and community;
- Each parent’s ability to raise the child;
- Relocation plans;
- Any history of abuse or neglect;
- The financial needs and resources of the child;
- The state of each parent’s physical and mental health;
- Any history of parental drug or alcohol abuse;
- The child’s wishes (these may differ from his/her best interests, but will still be taken into consideration by the judge).
While you are not required to hire a Missouri child custody lawyer for a child custody case or even a divorce attorney, it may be the best decision in the long run. Going through a divorce, legal separation, or child custody dispute is emotionally and financially taxing on everyone involved. Child custody arrangements are usually the most significant issues and cause the most heartache. A Missouri child custody lawyer will provide you with the opportunity to find the right course of action so that both you, your spouse or former spouse, and your children enjoy the best possible life going forward. Your attorney can help you create a parenting proposal and offer valuable legal advice for each step of the process.
The Levy Craig Family Law team makes client satisfaction, good communication, and strong, effective advocacy a top priority. To schedule a consultation with a Missouri child custody lawyer in Kansas City, please call Janet Woolsey at 816-454-7474, or visit us online at https://www.levycraigfamilylaw.com/