child custody

Child Custody in Same-Sex Marriage: Here’s What You Should Know

February 25, 2019 by David Betz

The law regarding same-sex marriage is often changing, but we can help you determine the best course of action.

A separation or divorce can be a very tough time for the parties involved, but the most affected of all always seems to be the children. For same-sex couples, things can get increasingly difficult, as their case is non-standard and subject to how a judge may interpret the law or how supportive and understanding the law is with the LGBT community.

Child custody lawsuits are often complicated because of all the emotions involved. Challenges are different for same-sex partners when they are trying to separate. The law regarding same-sex marriage is continually changing, and only a good St. Louis divorce lawyer can help you determine the best course of action.

Before You Go to Court

First of all, it’s important to mention that taking legal action is not the ideal solution. Legal custody battles are very difficult for all parties involved and especially traumatic for children. Moreover, the legislation isn’t very clear yet, and there aren’t that many cases for the authorities to draw inspiration from and take an equitable decision. Same-sex couples are still defining the path for future generations, but a courtroom is not a pleasant place and time to be revolutionary.

Ideally, you and your former partner will be able to settle outside of court, with the help of a mediator. Discuss openly and sincerely and try to find common ground for the following problems:

Legal custody – decision makers
Physical custody – where does the child live
Visitation rights
Child support

If you can agree on these things, you don’t need to go through a legal battle. But if something is giving you good reasons to fight for another arrangement, find a good St. Louis divorce attorney and ask for their legal counsel and guidance.

Missouri Law on Same-sex Separation and Custody Rights

Missouri state law recognizes the adoption made in any other state and will consider it to be the starting point for the custody agreement. If both parents adopted the child or if a non-biological parent adopted the child through second-parent action, then both of them have the right to custody.

If, on the other hand, only one of the partners is a biological parent or has legally adopted the child, there is a slim chance for the other partner to claim any legal rights over the minor. Naturally, that also absolves them from paying child support.

St. Louis Family Law Attorney

It’s a good starting point that both partners are aware of their legal requirements and rights and are working to find the best possible solution for the children involved.

The purpose of the law is to protect the most vulnerable persons involved in a separation or divorce. That can become an obstacle in more complex, grey-area cases. That is why it’s essential to contact a lawyer who specializes in custody battles.

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

Call us today at (314) 801-8488 or fill out our online case evaluation form.

Feb 25, 2019 @ 7:22 pm

Can My Ex-Spouse Move Away With Our Children?

January 31, 2019 by David Betz

In most cases, your ex cannot relocate with your children without your consent.

One of the worst parts about getting a divorce is seeing your children less. For those of you without custody, it can be even worse. Perhaps the worst outcome of all is your ex wanting to move away with your children. Luckily, with the help of a St. Louis divorce attorney, that shouldn’t happen.

The Distance of the Move

Many states have a range in which one spouse can move the children without giving notice. A typical amount is 50-100 miles. Missouri is different in that your spouse won’t be able to relocate at all without notifying you, even if that means going just down the street. While strict, this provision allows you to know where your children will be living at all times.

Who Has Custody?

The custody arrangement is another factor that affects whether or not your ex can move. If you have partial custody over your children, there is very little chance that your ex will be able to take them somewhere else. Even if you don’t, and only have regular visits, there is a good chance that this is the case.

Giving Notice

Depending on the circumstances, your ex must give you formal notice before moving. What this means is that a phone call or a casual letter does not suffice. Instead, it must be an official legal document. This file should include the proposed destination, the reason for the move, and a visitation plan. Additionally, it must be filed at least 60 days before the move date.

Relocation Trials

You will have 30 days to object to the move after your ex proposes it to you. After doing so, you could end up having a relocation trial. The court treats staying in the same location as the norm, so your ex’s legal team will be the one that has to argue for the move. Essentially, they must prove that the relocation is in the children’s best interest, rather than an attempt at revenge against you.

There are no precise rules for these situations, so judges make different decisions for every case. The primary factors involved will be:

the distance of the move
your custody arrangement
the motivations of both parties
what is best for the children

Contact a St. Louis Family Lawyer

If your ex is trying to relocate with your children, you no doubt want to understand your legal rights. At The Betz Law Firm, our goal is to assist families in need to navigate their way through those important, life changing events. Whether it be a divorce, relocation issues, or questions of paternity, our team of compassionate lawyers will be at your side, offering our guidance and support.

Contact The Betz Law Firm today for a free 30 minute phone consultation by calling (314) 801-8488 or by filling out our online contact form.

Feb 25, 2019 @ 7:22 pm

How to Tell Your Children About Your Divorce

November 1, 2018 by David Betz

Here are 5 tips to make telling your children about your divorce as easy as possible.

Deciding to get a divorce comes with a significant amount of tasks to complete. You may be seeking a divorce attorney, split assets, negotiate over custody, and much more. One of the hardest of those tasks is telling your children about the divorce. Here are 5 tips to make it as easy as possible.

Work Out the Logistics Beforehand

When you tell your children about your divorce, they will likely have a few logistical questions right away. They might ask you which parent will be moving out of the house, who they will live with, who will take them to school, and more. Knowing the answers to as many of these questions as possible will make your talk go much more smoothly. Though you won’t have every detail of your divorce settled, you should know what the next few weeks will look like.

Tell Them as a Team

The best way to talk to your children is as a team. That way, they do not make assumptions based on which parent speaks to them first. Doing so can be difficult for some couples, as they are already at a point where they don’t want to see each other. While that emotion is fair, you should do your best to make this particular talk a team effort. If you cannot, try to make your conversation with your children about your relationship, not the faults of your former partner.

Choose a Quiet Location and Calm Time

One of the worst things you can do in this situation is to talk to your children in a public space. You never know how they are going to handle it, so it is best to have this discussion in a quiet location. The best is doing it in your home, where your children can retreat to their bedrooms if needed. Secondly, have your talk during a calm time, like a quiet weekend afternoon. You don’t want to put them through an emotional rollercoaster and then send them to school or activities. Doing so will give them time to process the news before facing the world again.

Don’t Blame Anyone

People’s natural inclination in situations like this is to blame. For a child, they will usually look to one of their parents or themselves to assign fault. You must do your best to avoid this trap. If they develop negative feelings for you or your spouse, that will splinter an important relationship. If they blame themselves, they could experience much more pain than necessary.

Keep the Details to Yourself

No matter what conditions surround your divorce, you should keep the details to yourself when talking with younger kids. This is true even if you feel that one party was clearly at fault.

Telling your children about your divorce is never easy. Still, following these tips can make it much better than the alternative.

Call for a FREE 30 Minute Phone Consultation

(314) 801-8488

Nov 1, 2018 @ 6:32 pm

8 Factors that Determine Child Custody in Missouri

June 23, 2018 by David Betz

Many factors lead to the decision of who gets primary custody of the children and what type of visitation arrangements are made.

When a marriage dissolves, it is challenging enough to figure out who gets what monetarily and how each party is going to move along. When children are involved, things can quickly get complicated and overwhelming.

If you are someone who is in the process of divorcing and wondering how a judge will rule what type of custody agreement is appropriate for your particular situation, it is essential to understand what goes into determining the best interest of the child in Missouri courtrooms.

Many factors lead to the decision of who gets primary custody of the children and what type of visitation arrangements are made. But, the elements that carry the most weight in court are as follows:

What the divorcing parties agree on in their proposed parenting plan. The ideal situation is that the parents can come to a consensus about who gets custody and how time and responsibility are divided. If you have agreed on custody, then it is a huge factor that the court will consider.
The individual needs of the child to maintain a relationship with both parties and each parent’s willingness to support a meaningful relationship with their child are taken highly into consideration. The court must find that each parent functions in the role that they should in the child’s life.
The way that the family interacts is a considerable factor in the decision-making process of the courts. Siblings and other significant relationships are heavily weighted amongst the factors of who gets custody and what kind.
Which party has proven that they will foster a meaningful relationship with the other parent is critical to the decision. If it appears that one parent will make it more difficult for the child to have a good relationship with the other parent, that is not looked upon favorably by the court.
The overall way that a child will adjust to their home, community, and school if one parent is given custody rights.
The physical and emotional well-being of the child related to who they live with and their visitation schedule.
If one parent wishes to move away, that is a significant factor in how the court will rule. Relocation is seen as a hardship for a child that is already going through major life trauma.
If the child is old enough to speak about their concerns and voice their choice, it may be considered by the court. Usually, the child has to be at least 8 for their opinion to be critical in the decision process.

If you are divorcing and are not able to come to an agreement about who gets custody, who has the primary decision-making capability related to them, or how visitation is scheduled, the court will have to decide for you. Many factors are taken into consideration to come to a ruling, but they are based solely on the best interest of the child.

St. Louis Custody Attorneys

Our legal team recognizes the delicate nature of child custody proceedings and makes 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 to make sure that you are satisfied with the end result.

Call The Betz Law Firm today at (314) 801-8488 or fill out our online contact form to request a free 30 minute phone consultation.

Jun 23, 2018 @ 2:27 pm

How Is Child Custody Determined in Missouri?

May 22, 2018 by David Betz

When it comes to divorce in Missouri, child custody is determined by considering what is in the best interests of the child.

If you are considering whether or not you should stay in a marriage, sometimes the biggest factor is child custody. When it comes to divorce in Missouri, child custody is determined by considering what is in the best interests of the child.

A judge who is determining which spouse gets custody of a child or children must make a decision based factors like financial situations. They must also take everything else into consideration to ensure that the best interests of the child is being met.

How Do Judges Determine the Best Interests of the Child?

When you go before the judge to finalize your divorce agreement, you will have to agree on something called the parenting plan. It is submitted by two parents and it is a detailed agreement of who has the children at what times (including holidays and vacations).

Although presented to the court, the judge can make a different final determination. This determination is based on several factors, a few of which are listed below.

The need for a child to have regular and frequent visitations with the parents
Who will have ultimate responsibility for decision-making when it comes to the child
The opinion of the child if they are over the age of eight
Keeping the child in a familiar location
The child’s relationship is not just with the parents and extended family members
The child’s relationship with other children in the house as well as siblings
How deeply rooted the child is in the community
History of neglect or abuse
How custody might affect their physical or emotional well-being

Once these factors have all been examined closely, a judge will make the final decision. Typical decision include the custody rulings listed below.

Joint physical custody to two parents
Sole legal custody to just one parent and joint physical custody to two parents
Joint legal custody given to two parents and sole physical custody to just one parent
Sole custody granted to either of the parents
A third party granted visitation rights or custody

The ideal situation is for a child to have equal time with two well-adjusted parents, but, unfortunately, that is not always possible. If there is a question about custody or concerns related to it, it is a good idea to have a divorce lawyer involved to try to negotiate a custody agreement that both parties will be satisfied with.

What If the Parents Don’t Agree?

If the parents are not able to agree to a parenting plan, then the custody of the child will generally be in the hands of the court.

When it comes to children and divorce, an amicable settlement is always the healthiest for everyone involved. Since that is not always possible, it is best to discuss your unique set of circumstances with your St. Louis divorce attorney. For a FREE 30 minutes phone consultation, call the Betz Law Firm today at (314) 801-8488.

May 22, 2018 @ 8:02 pm

Effects of Substance Abuse on Divorce – St. Louis Divorce Attorney

August 31, 2017 by David Betz

Substance abuse can have serious effects on a number of divorce factors, including the divorce filing strategy.

Substance abuse affects many people in the United States. Substance abuse essentially refers to addiction to substances such as alcohol, and illegal as well as prescription drugs. Substance abuse and addiction can wreck havoc in a happy family, often taking a happy marital relationship to the doors of divorce.

Filing for Divorce on Grounds of Substance Abuse

Most states in the US allow for filing a ‘no-fault’ divorce that includes grounds such as separation, irreconcilable differences, etc. In a no-fault divorce, one does not need to provide proof that one’s spouse has done something wrong or is at fault that has resulted in the divorce filing. However, providing evidence of substance abuse even, in a no-fault divorce, can have important implications on factors such as child custody.

However, in a number of states, divorce on fault-based grounds such as adultery, substance abuse or cruel treatment, etc. is allowed and requires providing evidence of the allegations made. Fault or no-fault, a sober spouse usually gains an upper hand during the court proceedings and negotiations.

Effects of Substance Abuse on Divorce

Substance abuse can have serious effects on a number of divorce factors, including the divorce filing strategy.

Substance abuse and child custody

Substance abuse can have major implications on child custody. Substance abuse impacts parenting ability, therefore it is less likely that a parent with an addiction problem can get child custody. Courts strongly take substance abuse into consideration, even when deciding on visitation rights. Often overnight visitations are not allowed, addicted parents may be required to undergo substance abuse screening regularly, undergo rehabilitation, etc. According to St. Louis divorce lawyer in extreme cases, addicted parents are not given any visitations rights, with full custody awarded to the sober parent. In the case where substance abuse leads to a child being harmed or injured by an addicted parent, custodial rights are taken away altogether.

Substance abuse and division of assets

Ideally, during division of assets and property, a fault such as substance abuse is not necessarily considered unless, like in some states, it reflects on the behavior of the spouse during the marriage. The court may award a larger chunk of the property to the sober spouse as a reimbursement. Such considerations are usually made if the substance abuse of the spouse has implications on the finances of the couple.

Substance abuse and alimony

Similar to property division, if addiction and substance abuse of a spouse has negatively impacted finances of the couple during marriage, it can have implications on alimony. The court could then decide to award more alimony to the sober spouse as a reimbursement for the loss in finances incurred that the addicted spouse has squandered to support the addiction.

In some special cases, where substance abuse and addiction renders the addicted spouse mentally ill and incapable for self-support, the sober spouse may have to pay alimony to the addicted spouse to cover costs of treatment and rehabilitation.

St. Louis Divorce Lawyer

Substance abuse and addiction will typically always give a sober spouse an upper hand during negotiations for settlement. It is always advised to seek legal assistance from St. Louis divorce attorney if facing a spouse with a substance abuse issue.

Call The Betz Law Firm at (314) 801-8488 or fill out our online contact form to request a Free 30 minute phone consultation.

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May 8, 2018 @ 9:38 pm