St. Louis, Missouri Child Custody Attorneys

Physical Custody in Missouri

Physical custody refers to which parent has possession of the child.

In addition, courts also recognize two types of physical custody:

1. Joint physical custody
2. Sole physical custody

In the old days, the mother was granted custody and the father received visitation every other weekend, but that is rapidly changing and the issues surrounding physical custody can be complex.

Residential Custody in Missouri

Residential Parent designation for education and mailing purposes: This designation solely determines which parent’s address will be used for the children to attend school from, and for mailing purposes, but does not give either parent additional decision making power.

How Does the Judge Determine Child Custody in Missouri?

Normally, the judge will determine custody based on what is in the best interests of the child. This means that the child's needs are the primary focus, not the parents. However, a judge will still examine the following to determine the plan of action:

• The wishes of the parents
• Needs of the child for frequent and meaningful contact with both parents, and the ability of the parents to perform their functions as mother and father
• Interaction of the child with parents, siblings, and any other person who may significantly affect the child
• Which parent is more likely to allow frequent and meaningful contact with the other parent
• Child’s adjustment to home, school, and community
• Mental and physical health of all individuals involved
• Intention of either party to relocate
• Unobstructed input of a child, free of coercion and manipulation, as to the child’s custodial arrangement

Does the Mother Always Get Custody in MO?

Missouri courts do not necessarily give sole physical and legal custody to the mother in divorce and child custody cases, but instead, use numerous factors to help determine which custody arrangement would best meet the needs of the child. The law considers joint custody to be the ideal situation for the child, however if both parents cannot agree to a parenting plan, then the court will determine a custody schedule and determine the roles that each parent will serve when important decisions for the child must be made. If necessary, the court may also rule for sole custody if it is in the child's best interests.

Mediation vs. Litigation: Which is Right for Your Child Custody Case?

When it comes to child custody cases, there are generally two routes you can take: mediation or litigation. Mediation involves a neutral third party mediator who helps facilitate an agreement between both parents. Litigation, on the other hand, involves going to court and having a judge make a decision on custody arrangements.

At Kallen Law Firm, we believe that mediation is often the best option for families seeking a child custody agreement. Mediation allows both parents to have a say in the final outcome, rather than leaving it up to a judge who may not know the family dynamics as well. Additionally, mediation is often less costly and less time-consuming than going to court.

However, we understand that not all situations can be resolved through mediation. If litigation is necessary, our experienced child custody attorneys are prepared to fight for your rights and the best interests of your child. Contact us today to schedule a consultation and discuss your options.

At What Age Can a Child Decide Which Parent to Live With?

A child's opinion always has some weight on what decision the court will make on custody. As the child gets older his or her decision will hold more weight on which parent is granted more custody by the court.

The law in Missouri is that the presumption for child custody is 50/50. This presumption may be overcome with clear evidence that a 50/50 arrangement is not in the best interest of the child. Examples of this may be: abuse of the child, neglect of the child, drug or alcohol abuse, geographic proximity between the parties, work schedules, and many other factors.

Why Should I Hire a St. Louis Child Custody Attorney from Kallen Law Firm, LLC?

At Kallen Law Firm, LLC, our St. Louis child custody attorneys consult with expert witnesses like psychologists, psychiatrists, and child development experts to help our clients achieve their objectives in divorce or custody litigation. These experts are recognized as leaders in their field, and they can help our clients protect their interests and the interests of their children in an increasingly complex legal landscape. Our legal team assists clients in Chesterfield, St. Charles, and surrounding areas.

We can also assist with more complex child custody and visitation issues, including:

• Custody of special needs children (autism)
• Grandparents' visitation rights
• Relocation of children
• Modifications
• Appeals
• Military divorce
• Protecting professional women

For more information on child custody issues in Missouri, check out our blog posts below:

• How Does Joint Custody Work?
• Four Types of Child Custody

Dealing with a child custody dispute? To schedule a free initial consultation with a child custody lawyer in St. Louis, contact us by calling 314.441.7793 or by completing our online contact form.

Helpful Resources

• Missouri State Courts Child Custody Information
• Divorce Net Child Custody Resources for Missouri