The Inside Scoop on Child Custody Resolutions

Divorce can be a very stressful and life altering process. From dividing assets to the emotional toll of ending a marriage, there are a number of important decisions that need to be made. If you have children involved in your divorce, you should know all of the custody options that are available. Whether you have maternal or paternal rights, it’s important to stay informed. If you are involved in a child custody case at the Lake of the Ozarks, we’d like to help you through the process. To learn more about the custody resolution options that may be available for your case, take a look at the information provided below.

Methods to Determine Custody:

With all custody cases, a judge must determine whether the custody arrangement is in the best interests of the children.  This is true whether the parents mutually agree on the custody arrangement or whether the parents present their case to the judge to decide the custody arrangement.  If the parents mutually agree upon a custody arrangement, the court must review and approve the parties’ written custody agreement as being in the children’s best interests.  The most common ways to resolve custody cases are through litigation, mediation or by settlement between the parents.  

Types of Custody:

“Custody” means joint legal custody, sole legal custody, joint physical custody or sole physical custody, or any combination thereof.  Joint legal custody means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and requires that the parents confer with one another in the exercise of decision-making rights, responsibilities, and authority.  

Sole legal custody means that one parent has the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child.  The parent that has sole legal custody must keep the other parent apprised of decisions/issues related to the health, education and welfare of the child.

Joint physical custody involves an arrangement whereby each of the parents are awarded significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents.  Joint physical custody must be shared by the parents in such a way as to assure the child of frequent, continuing and meaningful contact with both parents.  A number of custody arrangements are possible with a joint physical custody arrangement.  The arrangements can include an equal split of time with the children to a situation whereby one parent has custody every other weekend with extended time in the summer.

Sole physical custody of a child can be awarded to one parent.  This generally occurs when one of the parents is deemed unfit to have custody of the child for one or more reasons.

Factors to Determine Who is Awarded Custody:

In Missouri, a judge must determine custody in accordance with the best interests of the child.  When the parties have not reached an agreement on all issues related to custody, the court must consider all relevant factors, including the following:

- The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties.

- The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests.

- Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.

- The child’s adjustment to the child’s home, school, and community.

- The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.

- The intention of either parent to relocate the principal residence of the child.

- The wishes of a child as to the child’s custodian. 

If you find yourself in need of a divorce lawyer at the Lake of the Ozarks, we can help you! From explaining the divorce process to knowing your rights for child custody, there are a number of options you should know about. Our Lake of the Ozarks law office is here for all of your child custody needs. From filing for divorce to fighting for your custody rights, Gibbons Law Firm can assist. Give us a call today to schedule your FREE consultation to discuss your child custody case.

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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10 Legal Terms You Should Know

Do you watch a lot of legal shows on television? You may have heard a number of terms used in these entertainment episodes, but do you know what they actually mean? Our Lake of the Ozarks law firm is here to help you clarify the definitions of some common legal terms. Whether you have a legal case you want to get taken care of or are simply curious what some of these terms represent, this week’s blog can help you out! Take a look below for legal terms and their definitions to learn more.

Legal Term #1: Defendant

The person or commercial being who a complaint is filed against. A defendant is the one being pursued in a case. 

Legal Term #2: Acquittal

When it is decided there is insufficient evidence to support a conviction in a criminal defense case. Some attorneys strive for an acquittal if it does not seem there is enough evidence to charge their client. 

Legal Term #3: Damages

Money payed to the plaintiff, if a defendant is found guilty. This money can be for past damages or expenses or defer future wrongful actions.

Legal Term #4: Liability

The state of being responsible for an action, according to the law. When fault is placed, the individual or business is liable for the wrongful occurrence. 

Legal Term #5: Tort

A wrongful act or infringement of a right leading to civil legal liability. This can also be explained as a negligent or intentional injury to a person or property. 

Legal Term #6: Negligence

Failure to use regular care resulting in damage or injury to something or someone. 

Legal Term #7: Testify

When a witness or other individual is asked to orally present evidence during a trial. Someone who witnessed an incident may be asked to testify, as well as an individual who has been acquainted with the person on trial in the past. 

Legal Term #8: Statute

A law that has passed through legislation and is now official. 

Legal Term #9: Plaintiff

An individual or business who files an official complaint with the court system. The person who initiates a case is known as the plaintiff. 

Legal Term #10: Brief

A statement that is written and submitted in a trial proceeding that goes into detail to represent one side of the legal and factual arguments. This can help all parties get on the same page as to what the story is. 

Hopefully you’ve now learned something new or gotten clarity on a specific term. If you’ve been involved in a legal incident, our experienced attorney at the Lake of the Ozarks is here for you. Whether you’re looking to see if you have a case on your hands or you are being pursued by another party, Gibbons Law Firm can help represent your case. We can provide you with legal counseling through the entire process. From clear communication methods to legal advice for your case, we would be honored to help with your legal matters. 

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Legal Dangers of Texting & Driving

With the growing popularity in smart phones comes an increase in using such devices all hours of the day… including the time spent behind the wheel. Whether it’s to send a quick email or check a new text message that came in, many cell phone owners are using their device when driving. While it may seem like you aren’t looking away from the road for very long, many dangers can arise in just seconds on the roadways.

While the state of Missouri only has a ban on texting and driving for drivers under the age of 21, there are still legal dangers that can arise from distracted driving. If you were to cause an accident and/or injury someone due to negligent or distracted driving, you could be facing steep consequences for your actions. Our Lake of the Ozarks law firm can help represent your case, whether you have been at fault or suffered from the negligence of a distracted driver.

Texting & Driving Statistics

- 660,000 is the approximate number of drivers who use their cell phones during the daylight hours.
- The average time the eyes leave the road to read a text message is 5 seconds – that’s about 100 yards if you are traveling 55 miles per hour.
- A driver is 23 times MORE likely to be involved in an accident if they text while operating a vehicle.
- Teenage drivers who text spend about 10% of their drive time OUTSIDE their lane on the roadway.
- 1/5 drivers admit to surfing the web, while driving a vehicle.

Why Is Texting SO Distracting?

Texting takes visual, cognitive, AND manual attention – all at the same time. When you mix this combination with operating a vehicle, the eyes, mind, and hands cannot focus on both at the same time. While it may only seem that a driver looks away for a second to read a text, driving conditions can change in less than a second – delaying the driver’s reaction.

Legal Dangers You May Face

Although there is no law banning texting and driving for adults over the age of 21 in the state of Missouri, there are plenty of legal dangers for partaking in such a dangerous activity. If someone is injured due to your negligence while operating a vehicle, you may face a wide range of penalties – including the risk of being sued. On the opposite side of things, if you are injured due to someone else texting and driving, it’s important to know your rights. A lawyer who specializes in personal injury can help represent your claim, if you’re involved in a texting and driving situation.

Seek Legal Representation

Our law firm at the Lake of the Ozarks, encourages you to put the phone down while operating a motor vehicle. Distracted driving can present a number of legal dangers. If you are unfortunately involved with a texting and driving accident, Gibbons Law Firm can help you present your case. As a personal injury lawyer at the Lake of the Ozarks, our lawyer can help to guide you through the legal process. For a FREE consultation for your personal injury case in mid-Missouri, set up an appointment with us today!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Let Gibbons Law Firm Help With Your Criminal Defense Case

A criminal offense often carries the potential of a lengthy incarceration, heavy fines, and other penalties. A qualified and experienced attorney can help lead to a favorable outcome for your criminal defense case at the Lake of the Ozarks. To help avoid hefty penalties, take a look below for ways we can work to represent your case!

As citizens of the United States of America, we have a basic responsibility to avoid inflicting harm on our fellow Americans. Unfortunately, not all Americans uphold this responsibility. Even if the harm was inflicted unintentionally through oversight or negligence, the person responsible may be held accountable by being required to provide financial compensation or potentially serve some time in jail. If the harm was inflicted intentionally, the consequences become much more severe. 

Providing Well-Balanced Legal Advice

We are here to help YOU! We endeavor to provide sound legal advice for all of our clients. Rest assured your best interest in is mind when we offer an opinion about your case from a legal perspective.

We have Years of Experience

With many years of experience as an attorney in Missouri and having handled hundreds of criminal defense cases of all types, it's the goal of our law office to help represent your case. Our law firm wants to help you obtain the outcome you deserve with your criminal defense case. 

We have Comprehensive Knowledge of the Law

With knowledge when it comes to criminal defense cases, Gibbons Law Firm can help come up with the right defense for your case. Whether it’s reasonable doubt, having an alibi, self-defense, or other arguments, we endeavor to provide sound legal advice to present your case.

Upfront and Clear Communication

Prompt communication is of top priority at Gibbons Law Firm. We work hard to ensure our clients are kept in the loop through a number of communication techniques. When we have client engagements we strive to provide sound legal advice, answer your questions, and help to guide you through difficult legal situations. You can rest assured we will communicate with you clearly throughout the entire process. We want you to be aware of what your options are and the best ways to move forward with defending your case.

Hopefully you've learned more about how we can help represent your criminal defense case. You can rest assured that we will use our experience and knowledge to work toward defending your case. Here at our law firm at the Lake of the Ozarks, we're committed to providing clients with criminal defense services. Give Gibbons Law Firm a call today to schedule your free consultation!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.