child custody

Custody battles are never easy. The prospects of divorce are tough on their own, but when children are involved it can make everything that much harder, both from an emotional and legal point of view.

In Missouri, the general idea that guides the custody process is that any decision made must be in the best interest of the child. For parents, especially fathers who have not been involved in the child’s life for a long time, it may be especially difficult to gain custody.

Understanding the Law

In Missouri, there is no default parenting plan. The family judge will decide on the matter based on the case in front of them, ruling what is best for the children. There is, however, a new law that encourages a 50-50 custodial share, based on the belief that children should spend an equal amount of time with both parents, even if they are divorced.

But of course, in practice, it can be difficult to have 50-50 custody. One parent may be deemed unfit to have custody, placing the child in the care of the other parent or a legal guardian, if both parents are deemed unfit.

Custody is different from visitation rights, however. A parent may not have custody of their children, but still, have the right to visitation. Sometimes the judge will even decide how frequent these visits are, and how they can occur (supervised or unsupervised).

Things Can Change

If a parent loses their custody rights, it often has to do with their inability to care for the child. Perhaps they do not have a job to support themselves or the child or are battling an addiction. Losing custody can sometimes break families apart, and the father can lose touch with his children for a while.

However, just because the judge decided one parent is fit to care for the children does not mean this will always be the case. Things can change drastically, in which case the distant father may consider re-applying for custody.

Whether they will get it greatly depends. First, it’s important to address the issue that removed their custody rights in the first place – were they resolved/improved? The judge will again question the father’s ability to care for the child.

Then, it’s important to consider if the mother or other legal guardians should lose custody. Have they put the child in danger? Is it best for the child to be removed for their environment?

Lastly, there is the question of whether the distant father is the best person to gain custody, considering they were not part of the child’s life.

What Should You Do?

When it comes to custody battles, the smallest thing can change the course of a case. One of the best things you can do is get in touch with an experienced St. Louis divorce attorney for legal guidance.

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.