In Missouri, child custody is awarded based on the “best interest of the child.” Unsurprisingly, this principle eludes first-time divorcees since the criteria to determine a child’s best interest are abstruse and dynamic. This is especially true with the recent change making 50-50 child custody agreements the default.
Simply put, the “Best Interests of the Child” principle stipulates that the child’s best interest takes priority in decisions regarding the subject matter. This principle applies to custody, guardianship, adoption, and maintenance. As mentioned, the criteria for determining the child’s best interest are dynamic, varying from case to case. So, what was deemed the child’s best interest in one case may not necessarily be so in another.
Missouri courts prefer parents to work out custody arrangements independently without the court’s intervention. Parents can also hire an attorney or third-party mediator to help with the arrangements. The parents must then submit a parenting plan that they compiled individually or together for scrutiny by the court.
The court will intervene if both parents can’t come to an amicable agreement. This is where the “Best Interests of the Child” principle takes effect. The principle has no definite rules, but the law stipulates a guideline administration judges use to determine the child’s best interest. Some of these guidelines include:
A prevalent but ill-conceived notion in child custody hearings is that the mother has the edge over the father in custody hearings. This is far from the truth. The court doesn’t give custody preference based on sex, age, or financial status. The custody decision is based on the child’s interest and cooperation between the mother and father.
Determining to win custody of your child will amount to nothing without proper legal representation. The “Best Interest of the Child” principle will favor you if a reputable divorce attorney can articulate your case. Contact The Betz Law Firm to discuss your case and legal options.
Our firm uses experience, good communication, and availability to help families navigate life-changing events.
Understanding what happens during your first mediation session can help ease anxiety and prepare you…
At The Betz Law Firm, we’re here to help you understand your rights and obligations…
Mediation empowers couples to maintain control of their outcomes rather than having a judge make…
Missouri law provides pathways to adjust your support obligation if your financial circumstances have changed…
In Missouri, many fathers believe that the family court system is biased against them when…
If you need legal assistance regarding a Guardian ad Litem in your Missouri family law…