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Who Is Considered an Unfit Parent in Missouri?

November 10, 2021 by David Betz

Every custody case is unique, so the factors that a judge will consider when determining if a parent or guardian is unfit vary from one case to another.

Let’s get one thing clear: No parent is infallible! As such, it’s unlikely that having a few parenting imperfections will impact a child custody decision. However, being an unfit parent can alter the results of a custody case.

If deemed unfit, the parent in question may have restrictions placed on their visitation rights or even lose their parental privileges altogether. So what is an unfit parent? And how does the court determine if a parent or guardian is unfit?

What Is an Unfit Parent?

The definition of an unfit parent or guardian under Missouri law is essentially the same as other states across the US. Generally, Missouri defines an unfit parent as one whose conduct places a child in danger or causes emotional or psychological harm. Examples of unfit parents or guardians include those who are mentally unstable or use drugs.

How Does the Court Determine If a Parent or Guardian Is Unfit?

Every custody case is unique, so the factors that a judge will consider when determining if a parent or guardian is unfit vary from one case to another. That said, you can expect the judge to consider the following factors:

A history of substance abuse: The judge will likely be harsh on a parent or guardian with a history of substance abuse. However, the judge will likely be more lenient if the parent has shown the desire to quit drugs by joining a rehabilitation facility or an addict self-help group.

A history of domestic violence: The court evaluator will conduct a background check to see any domestic violence incidents. Even the slightest evidence of domestic violence can lead a judge or jury to deem a parent.

The child’s relationship with the parent: Naturally, children should feel safe and secure around their parents. So, if a child is not comfortable around one or both parents, the court may consider such parents unfit to take care of the child.

How Can You Prove Your Spouse Is Unfit?

As you can imagine, as the parent alleging unfitness, you’ll be required to provide substantial evidence to prove the other parent is incapable of caring for the child and ensuring the child’s welfare. This is not as easy as it sounds. You need to hire a child custody attorney to help you collect evidence and demonstrate abusive or neglectful behavior on the part of your ex.

Some of the evidence that your attorney can use include:

Statements from teachers, neighbors, and other witnesses familiar with specific instances in which your ex-spouse displayed unacceptable behavior.
Police reports detailing abusive or aggressive behavior on the part of your ex
School and medical records

The Betz Law Firm Is Here to Help!

Are you in the middle of a child custody battle? Our skilled attorneys can help you prove your ex is unfit. We can also help you disprove any evidence or claims you are unfit. Contact us today and schedule a free initial consultation.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Nov 12, 2021 @ 3:12 pm

4 Strategies for Successful Co-Parenting During Thanksgiving

November 5, 2021 by David Betz

Co-parenting is not easy, but with the right tools, you and your ex can implement successful strategies when planning for the holidays.

Being separated or divorced from your spouse and sharing children brings a new issue in your life. Holidays are incredibly delicate times when your kids might feel the impact of your separation a little more than usual and when the stress level arises for both you and your ex.

Co-parenting is not easy, but with the right tools and, most of all, the intention of making your kids’ lives as best as possible, you and your ex can implement successful strategies when dealing with school problems, family holidays, or vacations.

Here are four strategies for successful co-parenting during Thanksgiving.

1. Plan Ahead

If you were kind of making it along the way before the divorce, not planning anything, things need to change. When co-parenting, it’s crucial that you know what’s about to happen and how to split the tasks and responsibilities between both of you.

Take a moment to talk to your ex about Thanksgiving and make a plan together that would fit you both. If you can’t find a consensus, compromise if necessary. A mediator is also equipped to handle such delicate situations and help you get to a final decision.

2. Make Sure the Kids’ Interest Is Always First

This should be your everyday mantra in life, from the moment you divorce your spouse. Children’s interests should always prime, no matter how awkward things will get for you or how inconvenient it is to follow a specific plan.

If your relationship with your ex is not the greatest, work on dealing with your negative feelings. Don’t let them affect your children’s holidays and relationship with the other parent.

3. Prevent Awkward Discussions

If your kids are with you and your family during Thanksgiving, take a few preventive measures to protect them from unwanted comments and discussions during your dinner or vacation.

We all know how family congregations always have an awkward element, whether it’s nosy questions from a distant relative or a tipsy uncle who blabbers about politics. Make sure your kids don’t hear about your divorce in these circumstances, and talk to the participants to let them know about this rule.

4. Consider Sharing It

If logistics or other factors make co-parenting very difficult during Thanksgiving, consider a simple yet effective way of keeping the children happy: both of you will spend time with them during the holidays.

It’s up to you and your ex to discuss how you will share the meal. You can suggest breakfast at one of you, then dinner at the other. The children will enjoy spending the holidays with both of you.

No matter your current situation following a divorce, remember that the holidays are about children and that Thanksgiving can be a perfect moment to be grateful for what you have and make the best of it.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Nov 5, 2021 @ 3:39 pm

Property Division in a Missouri Divorce Case: What You Should Know

October 21, 2021 by David Betz

Our experienced attorneys are here to help you navigate the decisions involving property division, child custody, and spousal support.

Property division can be a significant issue of contention for couples seeking a divorce. The process can get even more complex and messy if you have been married for long. Therefore, it is essential to familiarize yourself with the property division process in Missouri divorce cases. Below is everything you need to know.

Statement of Property and Debt

Missouri divorce law requires you and your spouse to disclose all your property and debt when filing for divorce. And the court cannot grant you divorce before you sign the statement of property and debt.

What if your spouse is not honest about their assets? Unfortunately, full disclosure of property may not always happen. Your spouse may hide some of their assets, understate their income, or exaggerate their expenses. If you suspect or believe your spouse is hiding some assets, inform your divorce attorney right away. This equates to a breach of fiduciary duties, and action can be taken against them.

How Property Is Divided in a Missouri Divorce Case

Missouri follows a dual-property system. This means that your properties generally fall into two categories: Marital and Non-marital property.

Marital property is property or assets acquired by either or both parties during the marriage. On the other hand, separate property refers to property or assets acquired by either spouse before marriage. In divorce proceedings, separate properties remain with the party that bought them. It’s also worth noting that if you decide to go for separation instead of divorce, anything you acquire after separation will fall under the non-marital property.

After differentiating the property, a Missouri judge will divide marital property using the equitable distribution method. The court will consider child custody, the financial strength of each spouse, the value of the separate property, and contribution to marital property acquisition before making a ruling.

However, the division of property does not have to be contested. You can agree with your spouse and your attorneys to divide your property out of court. This will save you money and time and give you control over personal properties such as pieces of jewelry that you may not have in court.

How A Divorce Attorney Can Help

Although the state uses a dual property model, the court will initially treat all properties as marital property. It’s your job to help the court separate your personal property from marital property. As such, you’ll need the help of a skilled divorce attorney to help you prove your individual properties were purchased before marriage and without any help from your spouse.

The Betz Law Firm Is Here to Help!

Are you in St Louis, Missouri, and looking to file for divorce? Contact the Betz law firm. Our experienced attorneys are here to help you navigate the decisions involving property division, child custody, and spousal support. Contact the Betz law firm today for a free initial consultation.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Oct 29, 2021 @ 3:06 pm

5 Reasons a Judge Will Modify Child Custody in Missouri

October 15, 2021 by David Betz

Significant changes in a parent’s lifestyle and child’s welfare can happen after the ruling, necessitating a child custody modification.

Generally, a Missouri judge will make a child custody ruling based on the child’s best interest. However, significant changes in a parent’s lifestyle and child’s welfare can happen after the ruling, necessitating a child custody modification. Here are five reasons the judge may change a child custody ruling.

1. Possible Danger

The judge will always make a ruling based on the child’s best interest. One of the main reasons a judge will allow modification is if the child’s life is in great danger. For example, if your ex-spouse is engaging in activities that put your child in harm’s way, you can seek a modification of child custody. In addition, you could ask for sole custody if you currently have joint custody.

2. The Child’s Interests Have Changed

What works for the child today may not work for them in the future. Also, one home setting may be good today but unsuitable for the child as time goes by. If you can prove that the child’s needs have changed substantially, chances are the court may warrant modification of the child custody ruling.

3. Physical Relocation

If joint custody was awarded during the last hearing, relocation of one parent would interfere with the joint custody arrangement. In this case, modification of custody would seek to award sole custody to one parent.

On the other hand, if primary custody were awarded during the last hearing, relocation would interfere with the visitation arrangement. Therefore, the non-custodial parent must seek modification and prove how the relocation would jeopardize the child’s best interest.

4. If a Parent Violated the Custody Terms

Violating child custody arrangements is illegal and can lead the judge to change a child custody ruling. For example, a parent who seeks to gain more than allowed custody or visitation could jeopardize their custody or visitation rights to the child. If your ex-spouse violates the initial custody order, the court may agree to modification requests.

5. A Parent’s Situation Has Changed

If a parent who was denied custody because they were an alcoholic or drug addict can prove they have been clean for the last three years, the judge can use this as a reason to modify the child custody ruling.

Also, if your ex-spouse has a new partner and you feel your child is not getting the attention and care they deserve, you could seek child custody modification.

St. Louis Divorce & Family Law Attorney

If your current child custody order does not sit well with you, The Betz Law Firm can help you convince the judge to modify it. We have highly skilled divorce and family law attorneys that can help you collect solid evidence and persuade the judge to side with you. Feel free to contact our law firm to discuss your case and legal options.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Oct 20, 2021 @ 4:26 pm

Can I Change Attorneys Once Divorce Proceedings Are Underway?

October 12, 2021 by David Betz

A qualified divorce attorney will regularly communicate with you, empathize with you and give your case the attention and seriousness it deserves.

Being in the middle of a divorce can be a stressful and emotional experience. But things can get even more complicated and confusing if you’re dissatisfied with your attorney. If this happens, you’ll likely find yourself asking: “Can I change my attorney once divorce proceedings are underway?”

Yes! You can appoint a new divorce attorney to take over your case. Here’s a closer look at why you might want to change your divorce attorney and how to proceed.

Why Might Someone Want to Change Their Divorce Attorney?

Here are some of the reasons you’d want to change your divorce attorney:

Your divorce attorney doesn’t meet your expectations, making you lose confidence and trust in their ability to win your case.
There’s no proper communication between you and your attorney. For example, your attorney could fail to inform you of important details regarding your divorce proceeding, or they could constantly ignore your calls only to send you endless emails that you find difficult to understand.
Your case is stalling, or there seems to be no progress in your case, and it’s your attorney’s fault.
You feel your attorney is not listening to you or giving your case the attention it deserves.
The attorney doesn’t seem to care and overlooks essential facts about your case.
Your attorney is missing important deadlines or consistently missing court appearances.
Your attorney exhibits unacceptable behavior such as yelling.

If any of these sounds familiar, it’s about time to part ways with your divorce lawyer. Instead, you should seek the services of a competent divorce attorney whose skills and capabilities you can count on. A qualified divorce attorney will regularly communicate with you, empathize with you and give your case the attention and seriousness it deserves.

How to Find the Right Divorce Attorney

Experience and good reputation are the two most important factors to consider when choosing a divorce attorney. Make sure your new attorney is reputable, experienced, and has handled cases similar to yours. Having an attorney with several wins under their belt will make you feel comfortable and confident about your case’s progress.

Also, choose a divorce attorney with a track record of getting things done quickly and efficiently. They should also be willing to attend to all your case’s needs throughout the divorce process.

Once you’ve settled on a new divorce attorney, ensure to go over your case with them in detail. Be open and answer all their questions truthfully.

Contact The Betz Law Firm

At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of the trust our clients place in us with their family’s future, and we strive daily to earn it.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Oct 20, 2021 @ 4:10 pm

Emancipation 101: Six Most Asked Questions About Minor Emancipation

October 6, 2021 by David Betz

Our family law attorneys at The Betz Law Firm can help you file an emancipation petition and build a strong case.

At what age is someone officially considered an independent adult in Missouri? If you ask Missourians this question, most of them will likely say 18 years of age. But did you know Missouri minors don’t have to wait until they turn 18 to be legally recognized as an independent adult? That’s right; a Missouri minor can be declared an adult through emancipation.

In this article, we’ll take a closer look at what emancipation is in more detail. And answer some frequently asked questions about emancipation.

What is Emancipation of Minors?

By definition, emancipation is nothing more than a process of freeing minors from the control and care of their guardians or parents. Emancipation gives a minor of 16 to 17 years the legal privileges of an adult. The teenager also becomes entirely in charge of their own affairs.

What Are the Requirements for Emancipation?

There are specific requirements that must be met before judicial emancipation is granted. For starters, the minor must be at least 16 years old and a Missouri resident. Secondly, the minor must prove they can financially sustain themselves while living separately from their parents.
When determining whether a minor is financially independent, the court may ask the minor to provide work records, bank statements, or a lease letter from their landlord.

What Are the Rights of an Emancipated Minor?

An emancipated minor gets the freedom to do what other kids their age can’t. These include:

Living on their own
Entering into legally binding contracts
Getting married
Keeping their hard-earned cash
Conducting business
Suing or being sued

Do Emancipated Minors Have Limitations?

The law precludes emancipated minors from undertaking specific activities until they attain the age of majority. This includes:

Buying alcohol or cigarettes
Voting
Purchasing a firearm
Dropping out of school before completing at least 16 credits

How Can You Initiate the Emancipation Process?

You can initiate the process by filing an emancipation petition with the family division court. The court will then set a hearing within 30 days and send you and your parent or guardian a notice to appear for the emancipation hearing.

What Happens During the Emancipation Hearing?

During the hearing, the judge will allow you and your parent or guardian to be heard. If your parents or guardians object to your emancipation, they’ll be required to prove you are not capable of living alone and demonstrate how living under their care is in your best interest.

If your attorney convinces the judge to side with you, you’ll be issued a declaration of emancipation—which you’ll use to prove you’re a legal adult.

Can Emancipation Agreement Be Modified?

Yes, the judge may modify an emancipation agreement if they are convinced it’s in the minor’s best interest.

Don’t Go it Alone!

The emancipation process sounds simple in theory, but, in reality, it’s a time-consuming and confusing process. Emancipation laws are also complicated. You will need a family attorney to navigate the intricacies of emancipation and convince the court your case has merit.

Are you a minor aged 16 or 17 and want to be emancipated? Our family law attorneys at The Betz Law Firm can help you file an emancipation petition and build a strong case. Contact us today for a free initial consultation.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Oct 6, 2021 @ 4:11 pm