Joint custody refers to the fact that both parents share responsibility for important decisions affecting their child. No parent has the authority to act alone, and parents are expected to do their best to reach an agreement. Without extreme circumstances, Missouri courts have a strong preference for joint custody because of the benefits of joint parenting decision-making. Parental custody allows them to make important decisions about the child`s life and future. Even if the parents have joint physical custody, one parent could have sole custody or vice versa. Custody can be just as important as custody of parents and children. It is important for parents to consider custody when entering into a custody agreement with the other parent to ensure that your child is well cared for. Before entering into custody agreements, talk to your Missouri duty attorney about your rights and options. Contact Joshua Wilson Law Firm. We will help you follow the custody rules for singles.
In most cases, Missouri courts will grant joint custody to both parents. In custody cases in Missouri, one of the factors the court must consider is the child`s desire. The courts allow the child to testify of his or her preference if they deem it appropriate. Missouri`s custody laws state that the court must determine what is in the best interests of the children. There are two components to child custody that the court must determine. The court must decide which parent has rights, responsibilities and decision-making powers relating to the health, education and welfare of the child, or how both parents share. This is called legal custody. In Missouri, the preference is for shared custody.
To have sole custody, there must be facts showing that it is not in the best interests of the child for both parents to have equal rights in decisions concerning the child. There are two types of detention: legal and physical. Simply put, custody refers to making decisions that affect the child, regardless of how long parental leave the child spends with one of the parents. Custody includes “important decisions” such as the child`s education (childcare, changing schools or choosing schools), health (e.g., medical care or counselling), and well-being (religious education or extracurricular activities). Missouri law requires a written plan that specifies how decision-making rights and responsibilities are to be shared by parents. (In our next blog, we`ll explore physical custody.) A parenting plan is a document designed to help parents who do not live together determine the custody and access plan, each parent`s decision-making rights and obligations, dispute resolution and payment of the child`s expenses. Joint custody means that parents share rights, responsibilities and decision-making powers regarding matters relating to the health, education and well-being of the child. This means that unless the court orders that a parent have certain decision-making rights on a particular issue, parents must consult when making decisions on that issue. Physical custody includes the actual time children spend in the physical care of each parent. A court may grant joint physical custody if both parents have roughly equal periods of time with the children, or sole custody with access if one parent has most of the time custody and the other parent has a smaller but defined schedule with the children. Missouri has a policy that promotes frequent and meaningful contact with both parents, which tends toward shared custody, but also toward custody plans that attempt to stay too long between when a child sees a parent, unless absolutely necessary because one parent lives out of state or poses a risk to the child. Missouri Custody Attorneys provide answers to frequently asked questions about Missouri custody and Missouri`s custody laws.
Just because a parent has custody does not mean they can make a decision for the child. If the other parent challenges the parent`s decision on certain issues, or if the non-custodial parent believes the child is being harmed as a result of the parent`s decisions, the parent can take legal action. However, a court is unlikely to overturn a parent`s custody decisions unless there is a risk of harm to the child. Decision-making for the child is not about what friends the child can spend time with, what the child eats for dinner, or chooses clothes for school. Custody usually includes more important decisions such as the child`s schooling, health decisions for the child, or religious decisions. Sole custody means that the child would live with one of his parents. In situations of sole physical custody, the non-custodial parent may have certain access rights specified in the court order. A qualified and responsive attorney in Missouri will help you resolve issues like visitation, interstate custody, parenting agreements, and more. When deciding which child custody attorney is, a parent should consider hiring a Springfield MO specialist with experience in the field and with whom they are comfortable, as divorce and custody proceedings are often the most personal and emotionally difficult of all court cases.