child custody

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

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 ensure that you are satisfied with the result.

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.

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.