Why Hiring Child Custody Attorneys Is Important
Child Custody is one of the most contentious issues in a divorce or separation. Parents love their children and are compelled to fight for a solution they feel best represents their child’s interests. Having an experienced and knowledgeable St. Louis Child Custody Attorneys on your side can make all the difference in the outcome of your case.
Hiring a family law firm with a focus on child custody issues can ensure your case is handled properly, while also protecting the rights of both parents. Hiring an attorney early on in your case will also help avoid any costly mistakes or procedural errors that can derail your case.
In Missouri, there are two types of custody: legal and physical. Legal custody gives a parent the authority to make decisions regarding medical treatment, education and financial matters. Generally, courts favor shared legal custody between the parents. However, there are some situations in which a judge may determine sole custody to one parent. This is usually reserved for cases in which a child’s safety is at risk. Other factors in determining custody include the wishes of the parents, any written parenting plan the parties have agreed on, and the age of the child.
When parents cannot agree on a parenting plan, the court will decide for them. A judge will evaluate your situation and consider all of the best interests of your child in making a decision. Having an experienced attorney on your side can help you understand what factors the judge will use in making a custody decision.
A Child Custody Lawyer can help you develop a parenting plan that will satisfy both you and your ex. This plan will include which parent will have Decision-Making Authority and how much time the child will spend in each home. Generally, the court will approve your plan unless it finds it is not in your child’s best interest.
If your spouse wants to change your custody arrangement, he or she must file a petition with the court. In order to be granted a change in custody, the petitioning party must prove there has been a substantial change in circumstances. This can be a move out of state, the addition of a new partner to the relationship, a mental health or drug/alcohol problem on the part of the parent, or a change in work circumstances that makes it unsafe for the parent to care for the child.
The judge will review the custody petition and all of the evidence in your case. A GAL (Guardian ad Litem) will be appointed to your case to investigate the facts and report back to the judge. It is important to speak with the GAL throughout the process and let him or her know your feelings and preferences for your child’s well-being. However, you should not ask the GAL for any personal information about your child’s conversations with you and the other parent. This is a breach of the GAL’s confidentiality and may lead to repercussions.