child custody

This example illustrates that the court will not automatically award joint legal and custody rights to both parents if it detracts from the child’s best wishes.

The courts factor a lot into deciding custody. Every variable, however, is weighed against one single point, the best interests of the child. Except in extreme cases, the court will attempt to create a parenting plan that involves both parents, granting joint legal and custodial rights to both parents. There are times, though, when this is unfortunately not an option. If one parent can reasonably be proven to be unfit, or if the court can be shown that co-parenting is unattainable by the parties, the court may award sole legal and potentially custodial rights to one parent.

An Example of Why Compromise is Important

In Bowers v. Bowers, No. ED 103176, 2017 WL 2822506 (Mo. Ct. App. June 30, 2017) the court awarded sole legal and custodial rights to the father of the marriage’s child. In the abovementioned case, his father, Jason, was listed as the child’s father. However, a third party, Steven, was the actual biological father. The child’s mother, Jessica, was seeking a parenting plan that awarded her sole legal and joint custody of their child. Steven was found to be unfit and awarded no rights as a parent. Further, Jessica’s conduct during the trial was found to be so unbecoming that the court did not believe she would honor a court-ordered visitation. Due to Jessica’s actions, Jason was awarded sole legal and custody of the marriage’s child.

The above example illustrates that while the court is firm in its belief that a child greatly benefits from co-parenting, they will not automatically award joint legal and custody rights to both parents if it detracts from the child’s best wishes.

Contact a St. Louis Family Law Attorney

A trusted St. Louis family law attorney can advise you on how best to approach your custody dispute. This can help ensure that you preserve your parental rights and provide your child the opportunity to thrive. Contact your trusted Missouri lawyer if you are about to be involved in a custodial dispute.

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.