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Why You Should Consider Shared Custody in a Child Custody Battle

May 17, 2021 by David Betz

As a parent, it is your job to do what’s best for your children. Depending on your situation, shared custody is often the right choice.

When a couple divorces and children are involved, tensions are high, and emotions are in play. In some situations, parents use their children to hurt one another. Missouri, like most states, considers the best interests of the child to determine child custody. In most cases, the court will ensure that both parents get time with the child.

Shared custody is an increasingly popular type of child custody that offers many benefits to parents and children. Unless there is a history of drug abuse, child abuse, or extreme negligence, shared custody is a good course to consider when in a custody battle. Consider some of the benefits:

Children are happier – Divorce is almost always difficult for the kids involved. However, research suggests that children whose parents agree on shared custody arrangements are happier in the long run. This is probably because children are less likely to lose their relationship with one of their parents.
Parents are happier – Research further suggests that parents benefit in the long run from shared custody. While it can be difficult initially because tensions still run high, studies show that parents are much more satisfied as they both have maintained a relationship with their kids.
Parents have more individual time – After an individual goes through a divorce, they need time to grieve, date, or perhaps reinvent themselves. Shared custody frees up time for a person to enjoy their life without worrying about their kids or paying a babysitter. Shared custody ensures that one of the parents is watching or with the kids while the other has time to care for his or her needs.
Easier adjustment period – For most children, divorce means spending significant periods of time away from one parent. Shared custody helps soften the blow by ensuring that they get ample time with each parent. This can make settling into the divorce routine a little easier and help them feel happier and more balanced.

After a divorce, it is not easy to divide your time with your child, but parenting is rarely easy. As a parent, it is your job to do what’s best for your children. Depending on your situation, shared custody is often the right choice.

Shared Custody Attorney in St. Louis

During divorce proceedings involving children, a Missouri couple must come up with a workable parenting plan. While this can be done separately or jointly, our firm recommends that you work together with the other parent to develop a plan that you are both satisfied with. Our legal team recognizes the delicate nature of child custody proceedings. We make it a priority to ensure that the interests of you and your child are considered first and foremost.

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

May 17, 2021 @ 2:48 pm

What is the Most Common Child Custody Arrangement?

May 4, 2021 by David Betz

If you are in the process of a divorce and have children involved, you need to know your rights concerning your children.

There are various types of child custody arrangements. You have likely heard of them but may not totally understand the difference between legal custody, physical custody, sole custody, or joint custody. The parents or the courts determine the different types of custody arrangements, but both handle them differently. Whether a couple agrees on custody issues or is in court to battle them, it’s important to understand the different types.

If you are in the process of a divorce and have children involved, you need to know your rights concerning your children. At The Betz Law Firm, our goal is to assist families as they navigate their way through divorce and child custody issues.

Types of Child Custody Arrangements

Legal custody – This arrangement gives a parent the right to make long-term decisions about how the child is raised. This includes the child’s medical care, education, and religious instruction. In most child custody cases, legal custody is awarded to both parents.
Joint legal custody – This is when a divorced couple shares legal custody. This means that the mother and father equally share in making important decisions concerning their child’s upbringing and welfare.
Sole legal custody – In this arrangement, only one parent has the legal authority to decide key issues related to the child’s upbringing. The other parent has no legal right to participate in the decision-making process.
Physical custody – In this arrangement, the child lives with the parent that is granted physical custody. That parent provides continual care for the child. The courts grant visitation rights of the noncustodial parent.
Sole custody – In this situation, only one parent has physical and legal custody. These custody arrangements are typically due to child abuse or drug addiction cases.

The most common type of custody arrangement is joint legal custody. However, remember that every divorce involving custody has its unique circumstances and challenges. Custody is based on your individual situation, not based on what commonly occurs.

St. Louis Custody Lawyers

Our legal team recognizes the delicate nature of child custody proceedings. We make it a priority to ensure that the interests of you and your child are considered first and foremost. The idea of losing precious time with a child can be overwhelming for a parent whose primary goal is to protect their well-being. We have the experience you need to help your family through these difficult times and ensure that you are satisfied with the result.

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

May 8, 2021 @ 4:16 pm

5 Ways to Communicate with Your Spouse During Your Divorce

April 5, 2021 by David Betz

Poor communication may have been one of the issues that lead to your divorce. However, here are 5 ways to communicate during your divorce to make the process a little less stressful.

Divorce is obviously not something any newlywed anticipates when saying their vows, but the harsh truth is that many marriages go down this path. Divorce is a process filled with frustration and pain, which can pull apart spouses even more. However, it’s much easier to go through the legal proceedings and agree on terms when you are in good communication with your spouse.

Here are 5 ways to improve your communication during your divorce to help make things go as smoothly as possible:

1. Pay Attention to How You talk to Them

It’s not only what you say – it’s how you say it. During a divorce, emotions run high, and it’s easy for either party to get frustrated and let their emotions take over. Even if you manage to control the words that come out, the tone of your voice can paint a different picture.

Try to remain calm and not let the tone of voice lead the conversation. Remember, the goal is not to upset or alienate the spouse, making the process more difficult.

2. Stay Focused on the Issues

A divorce can get messy, and spouses may use certain meetings as opportunities to vent. It’s perfectly understandable to want to get these off your chest, but these discussions do not help either of you at the end of the day.

Try to keep all your discussions on the divorce issues, such as the custody of your children. You can talk to your spouse about other issues later on.

3. Remember They Are Having a Hard Time Too

Nobody comes out from a divorce saying they had a good time. Even if the other spouse was the one that filed for divorce, likely, they are still experiencing much of the things you are. It’s a strange period, a transition for both of you, and you may need time to adjust. Remember that when you are talking to them.

4. Keep It Between the Two of You

It’s advisable not to discuss the terms of your divorce openly with other people, especially in moments where you’re angry and not very careful about how you express your thoughts and feelings. In some cases, friends or family members may need to give out statements, and they could say some things that could be unfavorable to your case.

5. Use a Mediator

If you cannot talk to them yourself, a mediator can help you find a middle ground. So, if you and your spouse can’t seem to have any sort of discussion, propose looking into mediation to bridge this gap.

We Can Help!

Divorces aren’t always the dramatic events some movies paint them to be, but you still need a lawyer by your side to make sure you get through this entire process without losing what’s rightfully yours. Contact a St. Louis divorce lawyer now for legal advice on how to move forward.

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

Apr 20, 2021 @ 9:29 pm

Understanding Child Custody from the Father’s Perspective

March 23, 2021 by David Betz

A father’s rights regarding custody and visitation hours are the same as a mother would have.

Separation is rarely easy or pleasant, and it gets truly emotionally draining when there are minor children involved. Whether you are also going through a divorce or you are only dealing with the custody battle, you are likely in for a difficult trial and making tough decisions.

Here are some things you should know as a father if you are preparing for a custody battle.

Father’s Rights in a Child’s Custody Case

A father’s rights regarding custody and visitation hours are the same as a mother would have. You have the right to negotiate when, for how long, and where you will see your child, and you have the right to file for sole custody.

Understanding what the court actually looks into when making the final decisions is very important in your case. Don’t automatically expect the mother to get custody or dictate the visitation conditions because you are just as entitled to earn these privileges. If you prove that you are a good parent, the court will acknowledge that and consider it, with every proof you provide to support it.

Bias Against Fathers When It Comes to Child Custody

While this might’ve been true for decades, today’s society has lessened the gender bias when it comes to giving custody to a parent. In the context of gender equality and the fight against discrimination, fathers can now worry less about losing a trial just because they are men.

This doesn’t mean, though, that you have equal chances of getting the child, as the little one’s needs may favor the mother, at least up to a certain age. At the same time, there are plenty of cases where the father is proven to be more fit to take care of the child. Custody is not a given, but it has to be earned by proving to be the best fit for being a parent.

How to Defend Your Rights as a Father

To increase your chances of getting full custody or shared custody, you and the mother both need to prove that you are fit to provide a good life for your child. This includes shelter, nutrition, education, a stable and healthy environment, love and support, extra-curricular activities, etc.

It would be best if you started preparing for your suit as soon as you believe a separation might occur in the future. Keep a journal of your time and activities with your child, take an interest in what they need and like doing, learn how to take care of them when they are sick, help with their school projects, and talk to them. First of all, physically spend time with them, and make it relevant.

St. Louis Child Custody Lawyer

Our legal team recognizes the delicate nature of child custody proceedings. We make it a priority to ensure that you and your child’s interests are considered first and foremost. The idea of losing precious time with a child can be overwhelming for a parent whose primary goal is to protect their well-being. We have the experience you need to help your family through these difficult times and make sure that you are satisfied with the end result.

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

Mar 23, 2021 @ 5:01 pm

How To Bring Up A Prenuptial Agreement To Your Fiance/Fiancée

March 16, 2021 by David Betz

It’s a good idea to know how to bring up a prenuptial agreement – without making it sound uncomfortable or making the other person feel bad. Here are some tips on how to do so.

It can be difficult to discuss a prenuptial agreement with your potential partner before marriage. However, any good divorce attorney will tell you that a prenuptial agreement is a great way to protect your assets – even if you remain with this person for the rest of your life.

While prenuptial agreements (prenups) don’t have the same stigma they used to, many people still may feel uncomfortable talking about them. After all, prenuptial agreements are related to what happens in the case of a divorce – and nobody likes thinking that they may not be married to their partner forever.

Because of this, it’s a good idea to know how to bring up a prenuptial agreement – without making it sound awkward or making the other person feel bad. Here are some tips on how to do so.

1. Have the Conversation as Early as Possible

If you bring up the subject of a prenup right after you are engaged – or even while you’re dating your partner – they will likely be more receptive to the idea than they would be if you brought it up a few weeks before the wedding.

2. Remind Them That a Prenup Helps Get Your Finances In Order

One of the under-discussed benefits of a prenup is that it forces you and your prospective partner to take a deep look at your finances – assets, debts, loans, cash, investment accounts, and more – and what will happen to them if you separate.

You both have to fully disclose your assets – which helps you understand how your financial situation will look once you’re married.

3. Emphasize the Peace of Mind a Prenup Gives You

A prenup helps outline all of the most important aspects of a divorce – including division of assets, child custody, and more. One of the most difficult aspects of a divorce is how hard it is on kids – and how expensive it is.

Point out that, in the unlikely case that you do get separated, a prenup will make it easier for your children to live a normal life and help you avoid massive legal expenses and difficulties.

4. Suggest A Co-Created Agreement

If you are the higher-earning person in your relationship, a prenup may be seen simply as a way for you to protect your assets. But this is not the case – and if this objection is made, suggest that you co-create the agreement with your partner.

This way, they can input how the prenup is drafted by a lawyer and ensure that it is fair and reasonable. This is a person you love – so, obviously, you want them to have their own input on this document.

St. Louis Family Law Attorney

The conversation about a prenup is still probably going to be awkward. Nobody likes to think that, someday, they may get divorced from the one they love.

But with these tips and strategies from your St. Louis family law attorney, you can make the conversation a little less awkward – and make sure both you and your partner are on the same page before getting married.

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

Mar 23, 2021 @ 4:31 pm

Is It Ok to Go on Dating Sites While My Divorce Is Pending?

March 11, 2021 by David Betz

If you and your spouse have agreed to separate, then you need the help and legal advice of an experienced attorney to make sure you get through this process successfully.

Divorce means different things for different people. For some, it’s their worst nightmare come to life and the start of a painful process. But for others, it’s a gate towards a fresh start, and you may already be emotionally ready to start dating.

But while your divorce is still pending, is it ok to start going on dating sites and meeting new people? The answer is a bit complicated, but let’s dive deeper into the subject.

Defining the Word “Ok”

From a legal standpoint, going on dating sites or dating someone isn’t forbidden when you’re in the middle of a divorce. Missouri has a limited “no-fault” divorce, meaning in most cases, spouses can go through the process without having to prove cruelty or adultery. Irreconcilable differences are the most common motivation for divorce in the state.

Dating during the marriage isn’t ok, but judges will generally not frown on one of the spouses dating throughout a divorce if the couple has already been separated for a while, either.

However, many divorce attorneys will encourage their clients to wait until the divorce is finalized, especially if there is a custody battle involved. So you may want to wait a bit to sign up for these services until your divorce is finalized.

It’s Your Spouse You May Need to Worry About

During a divorce, both parties must remain civil, as much of the proceedings involve negotiating certain terms. Sometimes, showing clear signs that you have moved on, such as going on dating sites, can irritate your former spouse and push them to refuse to cooperate, dragging out the divorce even more, which doesn’t help anyone, after all.

Apart from that, you may complicate matters even further if you also have a custody battle. Judges will make these decisions based on what’s best for the child. Your presence on these sites could allow your former spouse to argue that your dating doesn’t create an excellent child environment, especially given that divorce is a traumatic experience for children. An argument that your former spouse can use is that their child shouldn’t live in a place where strangers (the people you’re dating) come all the time, and the judge may agree.

Additionally, given that these profiles are public, they can be used against you. Your photos, descriptions, and even interactions with people on these social media sites may be brought in front of the judge to paint you in an unfavorable light.

Contact Your St. Louis Divorce Attorney

If you and your spouse have agreed to separate, then you need the help and legal advice of an experienced attorney to make sure you get through this process successfully. Get in touch with a St. Louis divorce attorney as soon as possible for a consultation and best recommendations on properly navigating this process.

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

Mar 11, 2021 @ 7:00 pm