Child Custody

Protecting the interests of your child is our top priority.

No matter the specific needs of your family, Family Advocates Law Firm is here to advocate for your child and will focus our efforts and resources on making sure the interests of your child are protected.

We know that your relationship with your children is potentially the most stressful aspect of your family law case. We believe that no matter the differences or relationship between parents, the best interest of your child must be protected at all times. We have successfully handled hundreds of child custody cases in Missouri and will advocate to ensure the interests of your child come first.

Child custody is a complex matter and due to children’s dependence on adults, Court might take swift protective measures on their own accord to protect children. When facing child custody issues, the most important decision you can make is choosing an experienced attorney. Call us today for a consultation to discuss the issues unique to your family.

child being swung by two parents on opposite sides

We can Assist Parents in a Wide Variety of Court Procedures

Custody and Parenting

Applying “the best interest of the child standard,” we will focus on protecting the well-being of your child and establishing parental rights, whether through agreement or trial.

Paternity Establishment

Before custody rights can be established, paternity must be established. We can assist you during each phase of the paternity process.

Modification of an Existing Child Custody Order

If substantial and continuing circumstances have occurred, we will advocate for the appropriate changes to your custody and parenting plan. Considering that not all parenting plans are crafted to meet the needs of children forever, a modification may be necessary for your case.

Enforcing Custody Orders

If a parent is violating a Court Order or failing to abide by a certain schedule, we can assist in enforcing the existing order to ensure you are not prevented from exercising custody rights. Although the needs of the child, and the incomes of the parties may change, a parent’s custody time should remain consistent.

Missouri’s Custody Framework

Missouri law provides several avenues to ensure children are nurtured and cared for. The Court has broad authority when determining custody and will take into consideration the child’s need for continuity and stability. Missouri Courts consider the following factors when determining what is in “the best interest of the child.” (RSMo § 452.375)

Applying the statutory factors set forth as shown, the Court decides two types of custody: legal and physical. Further, the Court may award joint or sole custody rights for the legal and physical custody of the child.

The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties
The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties
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. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm
The intention of either parent to relocate the principal residence of the child
The wishes of a child as to the child’s custodian

The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties
The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties
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. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm
The intention of either parent to relocate the principal residence of the child
The wishes of a child as to the child’s custodian

Legal Custody

Is distinguished as responsibility for “decisions relating to health, education, and welfare of the child.” The legal custody concerns require the parents to consult each other in advance of decisions relating to medical care, religion, and schooling. Although one parent may obtain sole legal custody, the Courts typically prefer a joint legal custody framework to ensure both parents are involved in the child’s life.

Physical Custody

Relates to the periods of time during which a child resides with or is under the care and supervision of each of the parents. Missouri Courts recognize that both parents play an important role in the upbringing of a child. If the parents are awarded joint physical custody rights, the custody time is shared in such a way that the child has frequent, continuing and meaningful contact with both parents. An award of joint physical custody time, does not necessarily mean a schedule where the child is with each parent precisely 50 percent of the time, but may be creatively crafted for what is best for your child. If a parent is awarded sole physical custody, visitation time may still be awarded to the other parent.

If you have questions on how Child Custody relates to Child Support, please checkout our Child Support page!

Child Support

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