Family Law

8 Factors that Determine Child Custody in Missouri

June 23, 2018 by David Betz

Many factors lead to the decision of who gets primary custody of the children and what type of visitation arrangements are made.

When a marriage dissolves, it is challenging enough to figure out who gets what monetarily and how each party is going to move along. When children are involved, things can quickly get complicated and overwhelming.

If you are someone who is in the process of divorcing and wondering how a judge will rule what type of custody agreement is appropriate for your particular situation, it is essential to understand what goes into determining the best interest of the child in Missouri courtrooms.

Many factors lead to the decision of who gets primary custody of the children and what type of visitation arrangements are made. But, the elements that carry the most weight in court are as follows:

What the divorcing parties agree on in their proposed parenting plan. The ideal situation is that the parents can come to a consensus about who gets custody and how time and responsibility are divided. If you have agreed on custody, then it is a huge factor that the court will consider.
The individual needs of the child to maintain a relationship with both parties and each parent’s willingness to support a meaningful relationship with their child are taken highly into consideration. The court must find that each parent functions in the role that they should in the child’s life.
The way that the family interacts is a considerable factor in the decision-making process of the courts. Siblings and other significant relationships are heavily weighted amongst the factors of who gets custody and what kind.
Which party has proven that they will foster a meaningful relationship with the other parent is critical to the decision. If it appears that one parent will make it more difficult for the child to have a good relationship with the other parent, that is not looked upon favorably by the court.
The overall way that a child will adjust to their home, community, and school if one parent is given custody rights.
The physical and emotional well-being of the child related to who they live with and their visitation schedule.
If one parent wishes to move away, that is a significant factor in how the court will rule. Relocation is seen as a hardship for a child that is already going through major life trauma.
If the child is old enough to speak about their concerns and voice their choice, it may be considered by the court. Usually, the child has to be at least 8 for their opinion to be critical in the decision process.

If you are divorcing and are not able to come to an agreement about who gets custody, who has the primary decision-making capability related to them, or how visitation is scheduled, the court will have to decide for you. Many factors are taken into consideration to come to a ruling, but they are based solely on the best interest of the child.

St. Louis Custody Attorneys

Our legal team recognizes the delicate nature of child custody proceedings and makes 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 to make sure that you are satisfied with the end result.

Call The Betz Law Firm today at (314) 801-8488 or fill out our online contact form to request a free 30 minute phone consultation.

Jun 23, 2018 @ 2:27 pm

Steps to Take Before You File for Divorce

January 31, 2018 by David Betz

There are a number of advantages to being well prepared before filing for divorce.

Divorce is certainly not an easy process, but if you and your spouse have been through therapy and decided that it’s time to call it quits, here are a few things you should do before actually filing for divorce. Being well prepared before filing could end up saving you thousands and sparing you time.

Seek Counseling – Divorce is one of the most emotionally trying experiences you may ever have to go through. The complex legal proceedings and the emotional upheaval will challenge both your intellectual and mental/emotional health. In order to be able to handle this process logically and be there for any children you may have, you have to take care of your emotional health first.
Ensure Your Safety – Divorce is never easy, but sometimes it turns violent. If you are leaving a violent partnership work with your therapist and attorney to make a safety plan. This may include having an already furnished apartment waiting for you as soon as you file. For those with a potentially violent spouse, pick a neighborhood with good security, invest in heavy duty locks, and make sure your former spouse does not know your address.
Plan for the Children – Raising children is an enormous expense and you want to make sure that they don’t end up getting shortchanged in the settlement. To do this, you need to get creative and plan for the future of your child. Do you envision them attending private high school and then college? Then the cost of your children’s education needs to be included in your settlement. Don’t forget that the cost of an education is far greater than just tuition. You also have to account for sports, tutoring, uniforms, and so much more.
Do Not Date – There are a number of reasons to avoiding beginning a new relationship at this vulnerable emotional stage. For one, there could be legal consequences if you begin a relationship before the divorce papers are signed. If you signed a prenuptial agreement with a cheating clause, dating before the divorce is finalized could result in losing spousal benefits.
Find an Experienced Attorney – A family law attorney should be someone you can trust to help you through some of the most difficult times in your life, as well as one of the people you want next to you to celebrate triumphs. Like your family physician who handles your families’ health concerns, a family law attorney can assist, guide, and offer advice whenever life throws a curve ball your way.

The Betz Law Firm

The attorneys at The Betz Law Firm have effectively represented hundreds of clients in their divorce. In matters pertaining to family law, our firm understands that resolving issues through mediation and negotiation will yield better results for both parties. While we are team of successful litigators, we will set a tone that minimizes animosity and promotes cooperation. It has been our experience that mediation is a preferred alternative to court trials and litigation.

Call us today at (314) 801-8488 or fill out our online contact form to request a Free 30 Minute phone consultation.

Jan 31, 2018 @ 3:01 pm

The Growing Trend Towards Remaining Single – St. Louis Family Law

October 12, 2017 by David Betz

Surprisingly, the divorce rate is not one of the factors which have influenced this trend.

family law st louis

Research conducted by the Pew Research Center shows that in the US, the number of adults who live without a partner has increased in the last 10 years. In 2007, the percentage was 39%. At present, it is 42%.

This is due to several reasons. First, the number of married adults has decreased. Secondly, the number of people living with their romantic partners has increased. The third reason could be the aging of the American adults.

Surprisingly, the divorce rate is not one of the factors which have influenced this trend. According to St. Louis divorce lawyer, this study reveals some interesting facts about how our society is shaping up. Here are the findings of this study.

Economic Impact of This Trend

This trend can have a significant impact on the economic life of the adults. Studies have revealed the financial advantages of cohabitation and marriage. The average household income for adults who are married or living with a partner is $86,000. While the average household income for adults who are living without a partner is $61,000.

There are more chances for the unpartnered adults to live in poverty. Only 7% of the partnered adults may be poor while 17% of the single adults are likely to be poverty-stricken.

Research Findings

Research shows that 40% of the men are unpartnered, while 43% of the women live without a partner.

Educated adults who have a bachelor’s degree are less likely to stay without a partner than the less educated ones. 31% of the former and 46% of the latter stay without a partner. Further, 37% of the Asian and White adults are unpartnered while 46% of the Hispanic and 62% of the black adults live without partners.

The number of unpartnered adults has risen among the unemployed people. 46% of the adults who were of a working-age but did not have a job were living without a partner in 2007. Their number has risen to 51% in the present.

However, the change in the percentage of the unpartnered working-age adults who are employed is negligible. It has risen from 36% in 2007 to 38% in 2017.

But being jobless is not one of the reasons for remaining single. Surveys show that people are of the opinion that men have to be economically well off to be good partners or husbands. While economic literature supports the view that men become more successful in their work if they are married.

56% of the single adults are in charge of their household. 35% of the unpartnered adults live alone. 22% of them live with others in the family, for example, the single parents.

Around 28% of them live with their parents or grandparents. 16% of the unpartnered adults are in some way related to the head of the house.

Nearly, 58% of the unpartnered adults have not been married at any time. Around 21% are divorced, 14% are widowed, the rest are separated or living without their spouse in the house.

St. Louis Family Law

In matters pertaining to family law, The Betz Law Firm understands that resolving issues through mediation and negotiation will yield better results for both parties. While we are team of successful litigators, we will set a tone that minimizes animosity and promotes cooperation. It has been our experience that mediation is a preferred alternative to court trials and litigation.

Call us today for a Free 30 minute phone consultation at (314) 801-8488 or fill out our online contact form.

May 9, 2019 @ 1:26 am

Crucial Mistakes to Avoid with Your St Louis Divorce Lawyer

May 9, 2017 by David Betz

A family law attorney should be someone you can trust to help you through some of the most difficult times in your life.

Going through a divorce is definitely one of the most stressful periods of anyone’s life. Yet, finding the right St Louis divorce lawyer to help out is one way of making this situation as comfortable as possible.

A family law attorney should be someone you can trust to help you through some of the most difficult times in your life, as well as one of the people you want next to you to celebrate triumphs. Like your family physician who handles your families’ health concerns, a family law attorney can assist, guide, and offer advice whenever life throws a curve ball your way.

Not Understanding What You Need

One of the problems that many people have when starting out on their divorce proceedings is that they have unrealistic ambitions for what the lawyer can do for them. This can lead to disappointment, especially if a poor divorce attorney makes something unrealistic appear as though it is possible at the beginning.

Therefore, the ideal starting point is to work out what you need from your attorney and what is realistic. Once this is done you can then look to find a St Louis divorce lawyer who clearly explains how they will help you to get what you need without making any outlandish promises.

Focusing Solely on the Price

Clearly, everyone wants to pay a fair price for a service like a divorce lawyer. This is a time of life when people tend to have other expenses to cover, as they aim to make a fresh start.

Yet, focusing solely on price is a big mistake that it is easy to make but can lead to a poor quality of service and bad advice. Instead, it is far better to look for quality, professionalism and experience.

Ignoring the Warning Signs

There are typically some clear warning signs that advise you that a St Louis divorce attorney isn’t right for you. Maybe they don’t explain matters to you clearly or they don’t respond to your phone calls and messages.

With so many divorce lawyers in St Louis to choose from, there is no need to feel under pressure to ignore these warning signs and use one that you aren’t completely convinced by. It is possible to find
one that is right in every aspect.

Rushing Into a Decision

The choice of divorce lawyer that you make isn’t something to be rushed into. The importance of this decision for your future happiness means that it is a matter that you should take some time over.

There are plenty of divorce attorneys in St Louis but not all of them are going to be right for you. Therefore, rushing into a decision is something that you could easily end up regretting later on.

St. Louis Divorce Attorney

At The Betz Law Firm we are committed to guiding our clients through the court process with same level of professionalism that we would wish for our own family members. We are aware of the trust our clients place in us with the future of their family and we strive daily to earn it.

Call us today for a FREE 30 minute phone consultation at (314) 801-8488 or fill out our online contact form.

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Mar 30, 2018 @ 8:51 pm