Custody disputes can be vicious when both parents try to portray the other as unfit.
What state is Missouri? Is it a mother state or a father state? This is one of the most common questions Missouri child custody attorneys hear from their clients going through divorce. The truth is, Missouri is neither, and current laws give both parents an equal chance when it comes to determining custody.
Judges must consider the best interests of the children, not the parents. Or what the parents believe is their best interest. According to a 2016 law, judges are encouraged to award custody on a 50-50 basis, but remember this is not mandatory.
What does 50-50 custody mean? This means granting joint custody, both physical and legal.
When you schedule a consultation with a Kansas City child custody attorney or an attorney in your area, they will help you understand the difference between physical and legal custody and will advise you on how to seek a peaceful resolution to any dispute can find that you may have with you ex.
Custody refers to where the children will live – with the mother or with the father. Joint custody would mean that the children would spend roughly an equal amount of time with each parent. This can only work if the parents live in the same area so that moving between houses does not interfere with the children’s education and community life.
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If joint custody is not an option for you, the judge must award sole custody to the parent who best meets the children’s needs in terms of affection, nurturing, and a healthy environment.
A parent with a history of substance abuse or mental health problems may be considered an unsuitable parent and will most likely not be appointed the custodial parent who will receive physical custody of the children. Also, cases of abuse or child neglect can bar you from receiving sole custody.
If one parent is granted sole custody, the other is granted visitation rights, as it is generally in the best interest of the child to have a good relationship with both parents.
When both parents are trying to get custody of the children, what matters is for the judge to decide which of them is the better parent.
Custody attorneys typically advise their clients to resolve their disputes through negotiation rather than going to court.
Custody disputes can be vicious when both parents try to portray the other as unfit. The judge must consider which parent can provide a better and more stable home environment. If you have temporary custody of the children, you must show, pending the court’s decision, that the children are well taken care of in all respects – attending school, getting enough sleep and eating appropriately, or participating in sports and community activities. It’s also important to show willingness and flexibility when it comes to allowing the other parent to spend time with the children. Remember that the other party has the right to see the children unless and until the other party is deemed an unsuitable parent, and if you try to prevent this you will look bad in court.
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