When a divorce occurs in St. Louis, custody battles often arise. There are two types of Child Custody Laws in the state of Missouri. These are:
Types of St. Louis Child Custody Laws – Joint Custody and Sole Custody The court determines which parent gets custody or visitation. If the court determines that joint custody is in the best interest of the child, then the parents will share equal legal rights and responsibilities to the children. If the court determines that sole custody is in the best interest of the child, then only one parent is awarded custody. If neither parent is awarded custody or if the parents decide to divorce, they will each be listed as the custodial parent on the separation agreement. For more details about joint custody, you may check out www.stlouisdivorcelawyers.net/child-custody/.
How To Make Joint Physical Custody – If you and your spouse have amicable relationships, and you both want to get custody of your child(ren), then you can work out an arrangement for a joint physical custody schedule. The schedule must be a calendar that shows the children each month throughout the year. This schedule should also include any holiday or vacation time. You must inform the court about any changes that you have made to the schedule. Once the schedule is prepared, the court will review it and make the final determination of custody arrangements.
If parents disagree on custody and visitation, then the courts will often divide the two and determine which parent is “the custodial parent.” In cases of divorce, the courts will attempt to recreate the natural relationship that existed before the divorce. The court will consider all factors including the children’s emotional well being, time and distance from both parents, standard of living, financial stability, and standard of living of divorced parents prior to the filing of the divorce petition. While it may seem simple, the courts look at all of these aspects to determine which parent is best suited to care for the children. Once the courts determine who is in the custodial role, they then proceed with the visitation schedule.
State Specific Laws – In most states, joint custody and visitation are listed separately under the laws of the state. A divorce lawyer will need to research the specifics of your state’s laws for joint physical custody and visitation. Some states recognize a parenting plan that is a superseding legal bond between the parents. This means that if one of the parents dies, the other parent automatically takes over the responsibility of keeping the children safe, unless the court orders otherwise.
Child custody disputes are difficult for everyone involved. Parents that are having a divorce and are seeking custody of their children should take the time to do their research. Visitation schedules and custody orders should be discussed and reviewed with a competent divorce attorney. Your attorney can help you through every step of the process from beginning to end so that you can get the best possible custody arrangement for your children. You can feel confident that your children will be well cared for during this stressful time.