Child Custody
Child Custody in Missouri
If you’re considering pursuing your child custody right in the State of Missouri, this happens through one of the following types of cases: a divorce (if you are married) or a paternity action (if you are not married). We do not have a stand-alone “child custody” action in Missouri. You must pursue your child custody rights through either a divorce or a paternity action.
Child custody disputes can be among the most emotional and contentious issues in family law. We understand how important it is to protect your parental rights and ensure the best outcome for your child(ren). Whether you’re negotiating a parenting plan or litigating custody in court, we provide aggressive and experienced representation combined with compassionate support.
CHILD CUSTODY LAW
FAQ
What are the two main types of custody arrangements?
Missouri recognizes two main types of custody arrangements:
- Legal Custody: The right to make important decisions about your child’s upbringing, including education, healthcare, and religion.
- Physical Custody: Determines where the child will live and the day-to-day care arrangements.
How does shared custody work?
In joint custody arrangements, both parents share decision-making responsibilities (legal custody) and/or time with the child (physical custody). The exact terms depend on the parenting plan approved by the court.
What happens if one parent violates the custody order?
If a parent refuses to comply with the order/judgment of the court regarding the custody agreement, the other parent can file a Motion For Contempt to enforce the order/judgment, which may include the award of the opposing parties attorney fees, adjustments to the custodial arrangement or incaraceration.
Can I ask the opposing party to pay my attorney fees?
Yes, in Missouri, it is possible to request that the opposing party pay your attorney fees. This request is typically made through a Motion filed with the court or a request at the conclusion of the trial. It is up to the judge to decide whether to grant the request based on the circumstances of the case. However, in Missouri, we operate under what is typically called the “American Rule”, which states that both parties are presumed to pay their own attorney fees.
ALL FAMILY LAW
Practices Areas
Divorce
Paternity
Modifications
Child Support
Child Custody
Maintenance (Spousal Support)
Relocation
Contempt of Court
Adoptions
Gaurdianships and conservatorships
Temporary Restraining Order
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