child custody

Can a Non-Family Member Get Custody of My Child?

November 25, 2020 by David Betz

If you are preparing for a custody battle and you worry that a non-family member can get custody of your child, you need to realize that it is unlikely but not impossible for that to happen.

Families are not the same, and the dynamics that happen during a custody battle can stir up the lives of all the persons involved. Each case can have tricky nuances and hard decisions to take. With third-party custody claims – meaning that a person who isn’t the biological or adoptive parent of a child is claiming custody or visitation rights – the case gets even more complicated.

In Missouri, one of the basic principles in guiding the custodial settlement is that a child’s well-being is best kept if he is with his parents. Following this principle, it has been challenging for a non-parent to win a claim to custody, even when they had the child’s best interest in mind. However, there are cases when a person who is close enough to the child, without being a parent, can obtain custody or at least visitation rights.

If you are preparing for a custody battle and you worry that a non-family member can get custody of your child, you need to realize that it is doubtful but not impossible for that to happen.

When Does a Third-Party Receive Custody of a Child?

If you want to understand better where you’re standing, we will explain the circumstances that can lead to your child’s non-parent winning custody.

One of the most common situations that can end with that arrangement is when one or both parents are unfit, unsuitable, or unable to provide the proper conditions for the child’s well-being. If the parents have passed away or have trouble providing a decent life for the family, the child may end up in a third person’s custody, given that they can prove the relationship to the child is strong, and they have the means and best interest to offer them the best life possible.

Another possibility is to give third-party custodial rights without limiting the parents’ rights. For example, a grandparent may claim custodial rights, or at least visitation rights if they prove that their presence in the child’s life is important and beneficial to the minor.

Since we have mentioned grandparents, it’s important to know that they do have a better chance than any other non-parent to be allowed in a child’s life, but that doesn’t mean that they are the only ones who can claim the exclusive or partial rights to custody or visitation. A parent’s current spouse, a caregiver (like a nanny), or even a family friend could come forward and propose themselves as legal guardians.

St. Louis Family Law Attorney

In Missouri, the law favored the parents, no matter what, for a long time. Only being unfit or unable to provide for the minor could make you lose parental rights. Currently, if your particular case has complicated conditions and a third-party non-family member steps in, you need to defend your claims from them too.

If you are in this situation, contact a St. Louis divorce attorney with plenty of experience in family law and follow their advice to present your case in the best light possible.

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

Dec 1, 2020 @ 3:21 pm

My Ex is Ignoring COVID Guidelines and Endangering Our Kids

November 17, 2020 by David Betz

If you are worried that your ex-spouse is putting your children at risk by not respecting pandemic guidelines, what can you do?

Going through a divorce is tough, but for parents with minor children, it comes with the additional difficulties of co-parenting. Agreeing on how to raise and care for your children with a person you are separated from can be a huge challenge. On top of that, 2020 has seen massive changes in the way we live because of the global coronavirus pandemic.

When you and your ex have different ideas of protecting your children during such a health crisis, it can become a matter of child endangerment. If you are worried that your ex-spouse is putting your children at risk by not respecting pandemic guidelines, you need to take action.

First, Try to Solve the Issue One-on-One

Since the courts are often understaffed and might only take emergencies during these times, the wise way to approach it is to solve this issue one-on-one with your ex. Express your worry in a concise, objective way, and try not to start an emotional, irrational conflict that might affect you as well.

It’s best to contact your ex in writing and keep a copy of your message, as it will be used later if things go to court or you have to file a motion. Don’t interfere with the other parent’s right to visit their child as per the court order you have in place, at least not until you have a new court order.

File an Emergency Motion

If your ex continues to ignore pandemic guidelines imposed by the state, you can file a motion on an emergency ex-parte. If you can prove that your children are, indeed, endangered by your ex’s relaxed approach to pandemic guidelines, you can be given temporary custody of your children, limiting the other parent’s rights to visitation.

Discuss this matter with an experienced divorce attorney. The attorneys at The Betz Law Firm specialize in divorce and family law and will be able to determine the best approach to keeping your children safe through legal actions.

If you can provide evidence that your ex’s actions while the children were in their care were endangering them in any way related to the pandemic, the court can decide to impose a new court order. The state guidelines regarding the prevention of coronavirus spread should be reinforced by both parents while still keeping their part of the custodial court decision in place.

Talk with Your Attorney

Divorce is hard enough. Having to ensure that your kids are out of harm’s way adds another layer to this challenge. If you disagree with your ex’s decision regarding handling the pandemic and think that your children are unsafe, you should do something, but don’t rush into an emotional response.

If you find yourself in this situation, The Betz Law Firm can help you protect your children by offering legal advice and representation in case of a new court hearing and the process that precedes it.

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

Dec 1, 2020 @ 3:06 pm

What To Do When There is Hostility Between Parties

October 8, 2020 by David Betz

If you believe you are dealing with a hostile spouse, contact a trusted St. Louis family law attorney to find out how best to approach your unique situation.

It is no secret that divorce is a high-tension period for everyone involved. Sometimes we snap and say something we wish could be taken back. However, what if this is not the exception, but the rule? What does one do when their spouse chooses to act in an openly hostile manner routinely? As with most divorce issues, it is best to consult with your trusted St. Louis family law attorney to find the best course of action.

Discuss Your Situation With Your Attorney

To begin, if you find yourself with a hostile spouse, consult with your attorney, as mentioned above. They will provide some perspective and instruct how you should document and interact with your spouse. During this time, stay composed. Feeding into negativity will only implicate yourself as part of the problem. If the judge sees this, it will not look good for you. As well, arguing can lead to greater expense, motions, and communication directed through your attorney will add to the long-term cost of your divorce.

Just as you staying composed will be looked favorably upon by the judge, so too will your spouse’s poor behavior cause them grief. When deciding what is in your child’s best interest, such combativeness may show your spouse’s unwillingness to work with you. Your attorney will likely use this against their case and to your advantage.

When we are hurt or insulted, it is natural to lash back out towards the one hurting us. Instead, take a moment, and allow yourself to consider the ramifications of engaging with such behavior. It will do you no good and only complicate your experience. Instead, document these interactions and keep a running conversation with your Missouri lawyer. If you believe you are dealing with a hostile spouse, contact a trusted St. Louis family law attorney to find out how best to approach your unique situation.

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

Oct 8, 2020 @ 7:13 pm

What Does Uncontested Child Custody Mean?

September 2, 2020 by David Betz

With an uncontested divorce, all aspects of the divorce must be uncontested; this includes child custody.

When two people move forward with an uncontested divorce, they significantly reduce their emotional strain and financial burden. In addition, these move much more quickly and smoothly than typical divorce proceedings. However, if you are considering pursuing an uncontested divorce, you may have questions on how child custody will be handled.

Meaning of Uncontested Child Custody

When a couple decides on an uncontested divorce, it means that they agree on every matter and this includes child custody. Some of the main child custody matters include:

Legal custody – who makes important decisions for the child
Physical custody – where the child will live
Shared custody schedule
Visitation rights
Child support payments

If a couple entirely agrees on all of these matters, they can move forward with an uncontested divorce. If a couple cannot agree on child custody matters or any other issue, then an uncontested divorce is not possible. The couple could pursue arbitration or mediation to settle any differences, rather than going to court. Otherwise, the couple would be required to take their case to a judge.

Other Filings Are Required

Filing an uncontested divorce is always easier than dragging it through a divorce court. But when children are involved, it does take a little more time and work. There is additional paperwork when submitting for an uncontested divorce. This is to ensure that all matters concerning child custody and child support are handled appropriately.

You will be required to outline all of the details relating to the children’s living situation, and will likely need to provide your complete parenting plan in writing. You will also be required to calculate an agreeable amount for child support from the non-custodial parent. These additional filings need to be appropriately handled and filled out completely. Therefore, you will need help from your attorney to complete them, or at least review them before submitting it to the judge.

Benefits of Uncontested Child Custody

It is not just the parents who benefit from an uncontested divorce. It is far better for the children if their parents can handle and negotiate matters about their divorce maturely and calmly. During a divorce, children often feel as if they are trapped in the middle of an ongoing battle. When parents don’t fight, children don’t feel like they are picking sides, and a strong and healthy relationship with both parents can be maintained.

Uncontested Child Custody Lawyer

No matter how well you and your spouse agree on issues, it is still essential that you work with a lawyer when filing and negotiating your uncontested divorce. An experienced divorced attorney will ensure that your rights are protected and that all matters are appropriately handled.

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 18, 2020 @ 2:03 pm

How to Split Custody During the Holidays and Other Important Events

May 5, 2020 by David Betz

Shared custody can be challenging. There may be moments when one or both parents need to compromise for the best interest of their children.

Holidays can stir up family matters, especially when it comes to divorced or separated parents. Children make important memories during the holidays and it’s important to make them feel safe and content during these events. That is why a custody and visitation schedule is paramount.

There are two ways in which parents can get to a settled custody plan for the holidays: either they negotiate outside of the court and reach a settlement, or they follow the instructions given by the court.

Settling the Holiday Dates

First of all, you and the other parent should establish which are the exact dates to be considered a holiday. These will include Christmas, New Year, Easter, Halloween, and other legal holidays, but also the holidays you take off work.

Alternating the Holidays

The most common arrangement for divorced or separated parents is to take turns on who spends a particular holiday with the children, alternating them every year. This way, every parent will get full time with the children every other year. The list of holidays to be rotated should be established, and detailed information about the holiday plans should be laid ahead of time.

Sharing the Holidays

Another standard solution is to share the holidays. This is especially convenient for parents who still live relatively close to each other, as it makes the transfer possible without cutting too much time out of the actual holiday celebrations. A shared holiday custody schedule will include details about who spends the morning with the children, who get them in the evening, when and where the transfer will be made, and by whom, etc.

Traveling for the Holidays

Many families choose to travel during holidays to celebrate, whether they are visiting family or just want to explore other places. If you’re going to take your children on such travels, make sure that the other parent is aware of it and that out-of-state travel is allowed in your custody plan. Always remember that any program you make should be compatible with the terms of your custody plan. Otherwise, it will be seen as a failure to comply, and it will affect your parenting rights.

Challenges That May Arise

Shared custody can be challenging. There may be moments when one or both parents need to compromise for the best interest of their children. Situations when last-minute changes need to be done or parents disagree on how to spend the holidays are likely to appear, and it’s essential to keep in mind that your custody schedule should always reflect the best interest of your children.

Child Custody Lawyers in St. Louis

In our experience dealing with child custody matters, we have found that the best solutions for the child come by mediating with the parents. The children thrive in a better environment when both parents are satisfied with the results of a custody agreement and feel that their needs and concerns have been met.

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 28, 2020 @ 3:41 pm

A Brief Guide to Custody Options: the 50/50 Schedule

March 4, 2020 by David Betz

One of the most difficult decisions a parent has to make during a divorce is setting a schedule for seeing and spending time with their child.

A few years back, a law went into effect with the purpose of encouraging judges to award equal custody time (50/50 custody.) However, some judges are hesitant, claiming that 50/50 custody isn’t in the best interest of the child. Instead, it may confuse them.

Are they right? How is equal custody different from the traditional one? And, should you ask your St. Louis divorce lawyer to push for it?

Types of 50/50 Schedules

While simple in theory, many realize that finding common ground when it comes to equal custody can be quite difficult.

Here are three types of schedules that might work best for both parents:

Every Other Week: This schedule is pretty forward: you have the kids for one week, from Sunday to Sunday while your ex-spouse will stay with them for the next. There’s just one exchange per week, which can limit the conflicts that may arise during drop off or pick up. However, if the other parent lives on the other side of town, then that might mean a longer commute to school or other extracurricular activities.

From Thursday Until Sunday: Another schedule that could work for some parents is picking up the kids on Thursday morning or after school and dropping them off on Sunday afternoon. The problem with this schedule is that one parent has to deal with the demands of a school week while the other gets to enjoy spending time with the kids during the weekend. You may alternate between weekdays and weekends so that you avoid a potential conflict.

The 2-2-3 Formula: It may look more like a math formula or code. And, granted, it’s the most complicated custody schedules of them all. According to it, children will spend two days of the week with one parent, two days with the other, and the remaining three days with the first parent. You switch it next week. It is a very demanding schedule that requires a lot of flexibility. So, if there is a lot of friction between you and your ex-spouse, then you may consider avoiding this method as you will have to see each other quite a lot. On the other hand, if you are on good terms and great at co-parenting, then this schedule can truly ensure equal custody.

What Should You Do?

Understandably, you want to spend as much time as possible with your kids. However, you don’t want to tire, confuse or frustrate them either. Discuss your options with your spouse and an experienced St. Louis divorce attorney to figure out the best solution for your case.

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, 2020 @ 5:00 pm