child custody

Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Child custody battles typically represent the most critical and sensitive aspects of finalizing a divorce. When a couple cannot agree on child custody, they are often willing to fight hard in court for an arrangement they find agreeable. However, these conflicts often prompt the court to take a long, hard look at their family and personal behavior. In some cases, this behavior harms the parent’s chances of petitioning for a custody arrangement they would prefer.

If you are in a custody battle or preparing for it, it is critical to understand how these mistakes can negatively impact your case. Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Making Decisions on Parenting by Yourself

Finalizing a divorce can often take a long time, and during this time, parents are typically acclimating to their new routine and situation. However, during this process, the parents must stay amicable enough to communicate about parenting decisions. The mistake is made when one parent makes decisions regarding the health or education of their child without consulting their soon-to-been ex-spouse. In these cases, the court may interpret this as a couple’s inability to work together. This can hurt their chances of a favorable custody plan.

Badmouthing Your Spouse Publicly

When going through a divorce, it is easy and understandable to harbor some angry feelings towards your spouse. However, it is critical to keep your emotions in check. The court wants to see parents who, despite their difficult situation, can still encourage their child’s relationship with their co-parent. If you have been badmouthing your spouse on social media, at work, and publicly with friends and family, the court may doubt your ability to provide your child with a strong perspective on their family.

Insisting on Sole Custody

There are legitimate situations where a parent needs to fight for sole custody. Cases of child abuse, drug addiction, and other serious situations are some of the reasons. However, in most child custody cases, the court will want to pursue a custody arrangement in which both parents continue to play a prominent role in the children’s upbringing.

St. Louis Custody Attorneys

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 make sure that you are satisfied with the result.

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.