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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4 Things You Didn't Know About Custody Disputes

Almost without exception, custody disputes are the most stressful aspect of contested divorces. With both parents wanting to remain actively involved in their children's lives, the debate over how custody should be divided is often heated. In order to improve your chances of being awarded custody of your children, it is important that you educate yourself on the various important aspects of custody disputes. Our Lake of the Ozarks divorce attorney is here to help by shedding some light on some of these aspects.

4 Things You Didn't Know About Custody Disputes

1. The Court Only Cares About The Children's Best Interests.
Here's the bottom line: when the court awards custody, they do so in the way they believe will account for the children's best interests. Modern courts recognize the important roles both parents play, so whenever possible they will likely try to divide custody (or at least award ample visitation time) so that the children can spend plenty of time with each parent. However, if the court determines that one parent is unable to provide for the children's best interests, their custody or visitation rights may be severely limited.

2. Your Career May Impact Your Ability To Gain Custody.

Raising children requires a significant investment of time, energy, and devotion. Children need almost constant interaction with and attention from their parents in order to thrive. If your career demands that you travel frequently or work incredibly long hours, the court may choose to limit your custody based on the fact that you will not be able to be physically present with your children as much as they need you to be.

3. You Have To Be Cordial With Your Spouse.
Since you're getting divorced, it is probably safe to assume that you and your spouse are not on the best of terms at the moment. Nevertheless, it is imperative that you remain as cordial and cooperative as possible. As stated earlier, the court is trying to decide which parent will be able to provide for the children's best interests. If you routinely started heated arguments with your spouse (or other adults), the court may assume that it's only a matter of time before you turn that wrath towards your children.

4. Your Behavior Matters... A Lot.
You're probably aware that the way you interact with your children will influence your chances of being awarded custody, but as we just discussed, it is imperative that you avoid unnecessary arguments with your spouse and other adults. It is also critical that you exhibit responsible behavior in other aspects of your life; if you drink heavily, abuse substances, overly engross yourself in work, rush straight into a new relationship, or exhibit types reckless behavior, the court may deem you unfit to provide for your children's best interests.

Contact Our Firm For Assistance

If you are preparing for (or in the middle of) a battle for custody of your children, it is important that you secure representation from an experienced divorce attorney in Lake Ozark, MO. Your divorce attorney will be able to coach you through the process, shedding light on the strategies that may improve your chances of being awarded custody and which tactics may do more harm than good.

If you are looking for a divorce lawyer at the Lake of the Ozarks, we hope you'll consider Gibbons Law Firm. Call us at 573-348-2211 to schedule your initial 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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5 Factors That Influence Custody Arrangements

Divorce is a trying process with countless details demanding attention. If you have children, child custody will probably feel far more important than any other issue that may arise. It likely goes without saying that you'll want to do everything in your power to ensure you can remain actively involved in your children's life. If you are wondering how the Court determines custody and what you can do to improve your chances of being awarded full or partial custody, our family attorney in Osage Beach MO is here to help.

Providing For The Child's Best Interests

When determining whom should be awarded custody, the Court has one primary mission: to award custody in the manner that will best benefit the child. The Court is concerned only for the child's best interests; your and your spouse's emotions and desires will carry little weight. The Court will evaluate several factors to determine how well-equipped each of the parents are to care for the child's best interests. Here are a few examples of these factors:

1. Involvement In The Child's Life
No matter what your child's age is, he needs a parent who will be there to support him. Whether that support comes in the form of attending little league baseball games or helping him fill out college applications, the Court will want to see that you have been actively involved in your child's life in the past, that you continue to stay involved during the divorce proceedings, and that you can be trusted to remain involved in the future.

2. Lifestyle
Some lifestyles easily lend themselves to caring for a child, and others do not. If you routinely work 60 hours a week and frequently travel for work, for example, the Court may decide that you will not be able to dedicate appropriate time to raising your child and award primary custody to the other parent.

3. The Child's Wishes
If your child is old enough to express her opinion, her wishes will likely factor heavily into the Court's ultimate decision. The child must be able to articulate the reason for her opinion, and if the reason is valid, the Court may be inclined to oblige.

4. Stable Environment
Children need stability and consistency in order to thrive. If you change residences frequently or regularly have new romantic partners, this may negatively impact your odds of being awarded custody. The Court will want to see that you can provide a stable home for your child.

5. Alcoholism & Abuse
Obviously, alcoholism and abuse (emotional, physical, sexual, or otherwise) do not lend themselves to a supportive, loving home. If one parent has a history of any of these issues, the Court will likely award custody to the non-offending parent. In these instances, visitation rights for the offending parent may also be severely limited (or denied altogether).

Proving You Can Provide For Your Child's Best Interests

These five are only a few examples of the countless different factors that can influence custody arrangements. The Court will also look at religious and cultural preferences, the parents' mental and physical health, opportunities to remain in contact with other family members (such as grandparents), and more.

When you file for divorce in Camden County MO, it will be up to you to prove to the Court that you are able to fulfill all of the responsibilities associated with raising a child. Fortunately, you do not have to face this journey alone. Our Lake of the Ozarks divorce attorney will be here to guide and represent you along every step of the way. Call us at (573) 348-2211 to schedule your free initial consultation.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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