Child custody cases always involve a lot of questions. Here are some answers to the most frequently asked questions with regards to child custody in our practice:

How is child custody decided in Missouri?

Missouri courts are required to determine what is in the “best interests” of the children. In determining the best interests of the child, the court considers a number of factors, including:

Fitness, stability and preferences of the parents with regard to custody of the children
Children’s preferences (weighted by age of the child)
Living arrangement of parents
Child-parent bonds
Children’s schools and activities

As part of that analysis, the court must determine legal custody and physical custody. Legal custody involves which parent will have, or how both parents will share, the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child. Physical custody involves where the child will live and how the parents will share the physical time with the child.

What is joint custody?

Joint custody means that the parents share custody of the child. When referring to legal custody, this means that unless the court orders one parent to have specific decision-making rights over a particular issue, the parents must confer with one another in making decisions on that issue. When referring to physical custody, this means that each parent has significant time during which the child resides with him/her. This does not require equal time.

What is sole custody?

Sole custody means that only one of the parents has custody. When referring to legal custody, this means that only one parent has the decision-making rights, responsibilities, and authority relating to issues concerning the health, education and welfare of the child. When referring to physical custody, this means that the child would reside with one parent.

If both parents have equal custody time, does anyone pay child support?

It is possible, even with equal custody time, one parent may still be required to pay child support. The court will determine the appropriate amount of child support based upon Missouri rule 88.01 and Form 14. You should consult your child custody attorney concerning the specific details of your situation.

Can a parent refuse to allow visitation if child support is not paid?

No.

Can a child decide which parent to live with?

In our experience, courts will start to give some consideration to a child’s wishes at age 10. As the child ages and matures, the court will give more weight to the child. In our experience, it is rarely preferable to have a young child testify.

Do grandparents have custody and visitation rights?

Only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild. Custodial rights are even more limited.

What is a parenting plan, and is it required?

A parenting plan is a required document. The parenting plan should outline how much time the parties will spend with the children, how they’ll share decision-making power, how disputes will be resolved, and child support among other things. A parenting plan that is agreed upon by both parents will likely be granted unless the court feels the plan isn’t in the children’s best interests.

When will child custody be decided?

Custody issues are decided by the court in the absence of an agreement. The court will make a determination after hearing testimony and evidence from both parents.

When can I modify a prior custody order?

Under Missouri law, there must be a continuing and substantial change in the circumstances of the child or the child’s custodian, that is necessary to serve the best interests of the child for an order to be modified. You must show new information that was not available at the prior hearing. You should consult with an attorney concerning the specifics of your situation to determine if you have grounds for a modification.

What is a Guardian ad Litem?

A Guardian ad Litem is an attorney that is appointed to be the legal representative for the child. The court is required to appoint a GAL if child abuse or neglect is alleged. A GAL may be appointed at other times where custody is in dispute and the parties request one be used.

Will my child need to appear in court?

In our experience, a child should testify in very rare circumstances. You should consult with an attorney to discuss the specific facts of your case.

Child custody is almost always the main disagreement in any divorce where children are involved. If you need help and information in a child custody matter, contact us. If it is necessary for you to go to trial, if you do go to court, you have a strong advocate with our firm.