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:
- Joint physical custody
- 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.
For many families in St. Louis County, engaging an experienced child custody attorney can help clarify which approach—mediation or litigation—is right for your situation. A custody attorney is equipped to evaluate the specific needs of your family, answer your questions about what to expect in Missouri courts—such as those at the St. Louis County Family Court or St. Charles County Circuit Court—and guide you toward solutions that reflect your child’s best interests. When you consult with an attorney, you gain valuable perspective on how local judges may interpret the law and what documentation you may need to support your proposed parenting plan.
There are several key factors to consider when deciding between mediation and litigation in St. Louis child custody cases:
- Mediation encourages cooperation: Mediation can support better long-term communication and flexibility, which can be especially important for co-parenting.
- Litigation may be necessary for certain disputes: In instances where parents cannot reach an agreement or there are concerns for the child's safety, litigation is sometimes the best or only option.
- Time and cost differences: In general, mediation can be resolved more quickly and is less expensive compared to litigating a custody dispute in Missouri courts.
- Privacy and control over outcomes: Mediation generally allows parents greater discretion in creating their child custody agreement, while litigation turns over final decisions to a judge.
- Local court processes vary: Procedures may be different in St. Louis County Family Court compared to other counties, making it important to consult with someone familiar with the local courts.
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.
If your circumstances involve difficult communication or complex family dynamics, working with a custody lawyer St. Louis clients trust can be particularly important. A lawyer can represent you throughout mediation to ensure your interests are protected or advocate for you in court if it becomes necessary to litigate the matter. Some cases are simply not suited for mediation, and a qualified legal team stands ready to address issues that may require immediate judicial intervention—such as emergency hearings in the St. Louis Family Court or filing for temporary orders to address urgent needs.
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.
Common Questions About Custody Modification in Missouri
After a child custody order is entered, families sometimes experience significant life changes that make the original agreement no longer practical or fair. Missouri law allows for modifications to custody arrangements if there is a substantial and ongoing change in circumstances. Examples include a parent's job change, relocation, changes in a child's health or schedule, or a need for updated arrangements that better support the child. Knowing your rights and options can help you make informed decisions as your family grows and changes.
If you are considering seeking a modification, working with a child custody attorney is valuable to ensure your case is presented properly in the courts. For families in and around St. Louis, modifications are typically heard at the St. Louis County Family Court or the St. Charles County Circuit Court, depending on your jurisdiction. A skilled custody attorney can assist you in gathering the appropriate documentation and navigating the process efficiently, which is especially important if both parents do not agree to the proposed changes.
Some parents wonder how difficult it is to have a custody order changed, or what evidence is required. The courts always focus on the best interests of the child, so being able to demonstrate that a change would benefit your child's well-being is crucial. Whether you need to request or contest a modification, experienced legal representation can make a significant difference in these situations.
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 Child Custody Attorney in St. Louis 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:
For more information on child custody issues in Missouri, check out our blog posts below:
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.
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