Lee's Summit CHILD CUSTODY Attorneys

Altieri Gilmore LLP | 816-524-0404

 

Child Custody and Placement

When going through a divorce e veryone wants what's best for the children involved and the law is no exception to this rule. In Missouri the laws are setup so that the state makes decisions about child custody arrangements based on what is best for the children in the divorce. By law Missouri judges are not permitted to give sole legal or physical custody based only upon one of the parent's gender, sex orientation, financial status, where they live or any other factor that may be in the case. Bothof the parents in the divorce are more than likely to get custody in some form unless a parent has committed serious crimes, has substance abuse problems or has been arrested for domestic violence or abuse. Parents of the children that have these problemsin some cases will be granted supervised visitation rights.

The legal aspects of a case the Missouri courts must consider include:

• The wishes of both parents and the parenting plan that the parents have agreed on in writing.
• The wishes of the children involved in the divorce, if they're old enough to make decisions on their own accord.
• Weather or not one or both parents are able and willing to be a good parent, and the need to make the children have a meaningful relationship a top priority.
• Relationship's with their siblings or other people in the household that may affect the best interest of the children .
• Of the two parents which is most likely to allow the other to have a good relationship with the children that are involved.
• After the divorce, the children's new adjustment to their home, school and neighborhood.
• They also take into account the mental and physical wellness of everyone involved in the divorce.
• They look at whether either parent in the divorce has plans to move.

There are two types of child custody:

• Physical custody: which is exactly what it sounds like it is - the parent that has the children physically with them at any time. When you have physical custody of a child, you are responsible for providing food, shelter and supervion for the child.
• Legal custody: is custody in which the parent has the legal responsibility and legal right to make decisions for the children. When a parent has legal custody it allows them to have access to the children's medical records, grades at school and other private information, and it gives the parent legal decision-making authority in these areas.

In divorce cases that have joint physical custody, this is when both parents have time with the children, though it is not always an equal amount of time. In divorce cases where the parents have joint legal custody it means both of the childrens parents have equal access to the childrens information and the decisions made for the children must be made together. in regards to physical custody it is fairly rare for one of the childrens parents to be givin sole physical custody. And its even rarer for one of the childs parents to be granted sole legal custody of the children. If Missouri court gives sole legal custody to one of the childs parents, it is not easy for the other parent to reverse this court action. For this reason, it is very important to make sure you are well-represented in your divorce or custody case from the very start of these proceedings.

Spouses that are agreeable on custody arrangements will write up a parenting plan to submit to the Missouri court at the onset of a divorce. The parenting plan should cover how much time each parent will have with their children and how they will share in the decision-making power, among other things for the children. The parenting plan will normally be accepted unless the Missouri courts feel that the parenting plan is not whats in the children's best interests. An experienced Lee's Summit family law attorney from Altieri Gilmore LLP can guide parents through what is reasonable in tyour personal circumstances and what' is likely to win the Missouri court's approval for a parenting plan.

Our attorneys may be able to also work with parents to overcome initial conflicts about the parenting plan and avoid a drawnout and expensive court room war over the parenting plan.

When the parents in a divorce absolutely can not come to an agreement on a parenting plan, they can hire a judge or a mediation lawyer to help write up the parenting plan. Having an experienced family law attorney on your side is very important in these custody cases, because your time with your children depend heavily on how well you are represented in court or the mediation of this custody case.

The child custody aspect of divorce cases is often the most contentious the most common area of disagreement in many divorces. The children in the divorce deserve the absolute best parenting plan and financial support setup that the law can give them; if at all possible the children should never be subjected to a long and bitter child custody battle. If you need representation and information in a divorce or child custody dispute, call Altieri Gilmore LLP Attorneys. Our attorneys can help you work up a viable parenting plan, help resolve key custody disagreements with your spouse and also put your best foot forward in a child custody court case or mediation dispute.

Call our law firm now for a free consultation with our child custody attorneys, 816-524-0404 Altieri Gilmore L.L.P.