child custody

Does Domestic Violence Affect Child Custody?

September 13, 2021 by David Betz

If one parent has a history of domestic violence or shows signs of domestic violence, those issues can influence the judge’s decision when granting access to the child.

When determining child custody, the court premises its decision in the child’s best interest. Domestic violence is a serious issue that affects a child’s quality of life. Therefore, if one parent has a history of domestic violence or shows signs of domestic violence, those issues can influence the judge’s decision when granting access to the child.

How Does the Court Rule a Child Custody Case Where There Are Allegations of Domestic Violence?

Generally, the courts carefully investigate any allegations of domestic violence before making a child custody determination. To establish this, the court considers the following factors:

There’s evidence that domestic violence harmed the child
The perpetrator is still a danger to the other spouse and child
There’s physical, mostly pictorial evidence of harm inflicted on the assaulted partner by the spouse
There are police reports that a spouse physically abused their partner
There’s a proven frequency and extent of violence. The court will use this to determine whether the behavior is likely to be repeated in the future.

If the above factors are determined, the violent parent can lose their parental rights and child custody. In such a case, the violent parent ceases to be the legal guardian to a child. They also lose other rights they had on the child, such as talking or visiting them.

Child Visitation and Domestic Violence

After a successful custody case, the court may still grant your spouse visitation rights —only if it is in the child’s best interest.

However, the court must consider the possibility of more violence during visitation. If there’s even a slight chance of violence ensuing during the visitation, the court may only allow supervised visits. In such a case, your spouse will never be left alone with the child, and there must always be another person to oversee the visitation.

When Does Placement Away from the Parent Occur?

The court may find it unsafe and unfit for the child to continue living with a parent in some cases. In such a situation, the child will be placed with a trusted friend or a relative until the final decision is made.

Are You in the Middle of a Child Custody Battle?

It’s always a good idea to lawyer up when in a divorce proceeding involving custody and child access conflict. Familial and domestic laws are complex and, without a legal background, you’re not going to understand most of them. However, an experienced family law attorney deals with family statutes regularly and is familiar with how they work and how to use them to protect your interests.

They will help you understand the legalities of custody, visitation schedule proceedings and ensure you do things right. They will also provide you with advice and tips to help you find quick and favorable solutions for your parenting disagreements.

Allow Betz Law Firm to Work on Your Child Custody Case

Are you facing a custody battle or seeking to modify a visitation order or parenting plan? Talk to our experienced family law attorneys. Our attorneys will help you build a strong case, handle all the paperwork, and protect your parental rights. Contact us to schedule an appointment.

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

Sep 17, 2021 @ 4:01 pm

Mistakes Parents Often Make Before a Custody Battle – How to Avoid Them

June 8, 2021 by David Betz

Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Child custody battles typically represent the most critical and sensitive aspects of finalizing a divorce. When a couple cannot agree on child custody, they are often willing to fight hard in court for an arrangement they find agreeable. However, these conflicts often prompt the court to take a long, hard look at their family and personal behavior. In some cases, this behavior harms the parent’s chances of petitioning for a custody arrangement they would prefer.

If you are in a custody battle or preparing for it, it is critical to understand how these mistakes can negatively impact your case. Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Making Decisions on Parenting by Yourself

Finalizing a divorce can often take a long time, and during this time, parents are typically acclimating to their new routine and situation. However, during this process, the parents must stay amicable enough to communicate about parenting decisions. The mistake is made when one parent makes decisions regarding the health or education of their child without consulting their soon-to-been ex-spouse. In these cases, the court may interpret this as a couple’s inability to work together. This can hurt their chances of a favorable custody plan.

Badmouthing Your Spouse Publicly

When going through a divorce, it is easy and understandable to harbor some angry feelings towards your spouse. However, it is critical to keep your emotions in check. The court wants to see parents who, despite their difficult situation, can still encourage their child’s relationship with their co-parent. If you have been badmouthing your spouse on social media, at work, and publicly with friends and family, the court may doubt your ability to provide your child with a strong perspective on their family.

Insisting on Sole Custody

There are legitimate situations where a parent needs to fight for sole custody. Cases of child abuse, drug addiction, and other serious situations are some of the reasons. However, in most child custody cases, the court will want to pursue a custody arrangement in which both parents continue to play a prominent role in the children’s upbringing.

St. Louis Custody Attorneys

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 make sure 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

Jun 23, 2021 @ 9:52 pm

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

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

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

Is It Ok for My Child to Testify at My Divorce Trial?

February 18, 2021 by David Betz

If you absolutely need the child to testify, there are ways to get their testimony without them being on the witness stand with all eyes on them, facing both parents and all attorneys and staff.

One of the most delicate and stressful parts of a divorce is not always the division of assets or separating from your spouse but having to decide who gets the custodial rights of minor children. When children are involved, divorces are more impactful, and the judge must act in the minor’s best interest, no matter what.

Going through a divorce puts both parents through unpleasant tasks, such as dividing financial and marital assets or trying to reach a settlement for living arrangements post-divorce. Unfortunately, when it comes to custody, the children are often dragged into it. They have to be evaluated or even to choose between living with their mom or dad.

Can My Child Testify at My Divorce Trial?

If you wonder if your minor child can also be considered a witness in your trial and testify, the answer is yes. If it is ok, it’s another issue. Testifying in a trial is stressful for anyone, as the pressure is quite high. But testifying at your parents’ divorce trial can be traumatic for a minor, which is why you should avoid it at all costs.

If you absolutely need the child to testify, there are ways to get their testimony without them being on the witness stand with all eyes on them, facing both parents and all attorneys and staff. If, for example, there has been mistreatment of the child from one of the parents, and the child’s testimony would help protect them from future aggression, the court can get a report based on the child’s testimony, without putting the minor through the stress of appearing in court.

Usually, the judge appoints a mediator or a child custody evaluator trained to communicate with children and observe their psychological reactions and behaviors. The specialist will put together a report that contains the answers to the problems the court needs to address. This report is confidential and only used during the trial and not kept by either party.

Older Children May Give Their Testimony Directly

If the judge decides that testimony would not intervene in the child’s well-being, and this mostly applies to over 14, they may testify in court. Both your St. Louis divorce attorney and your spouse’s attorney will be able to address questions to the child. The judge will interview your child, but neither you nor your spouse can be present during the testimony.

The custodial outcome of your divorce can be based quite a lot on your child’s testimony, especially if they manifest their preference clearly (after a certain age, it is taken into account.)

St. Louis Family Law Attorney

To make sure your child is safe and their distress is kept to a minimum during your divorce trial, discuss these concerns with your St. Louis divorce attorney and use the best option available to make the trial less traumatic for the little ones.

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

Feb 25, 2021 @ 7:32 pm