joint custody

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

What’s the Holiday Child Possession and Visitation Schedule in Missouri?

September 2, 2019 by David Betz

Nobody likes to think about their family separating. However, the truth is that roughly 50% of U.S. children will go through their parents getting divorced.

If you and your spouse get divorced, Missouri law requires you to form an official parenting plan where you lay out the specifics about where your child will live, the school they will go to, and a visitation schedule.

This plan is generally required regardless of the type of custody you want, such as joint custody or sole custody, so make sure to discuss every detail with your St. Louis divorce attorney.

What the Schedule Should Include

The parenting plan needs to be very specific so that the courts can know their ruling will be made in the best interest of the child. As for the visiting component, the plan needs to include:

A standard schedule that shows how much time you’ll be able to spend with the child, both during the week and weekends.
A holiday schedule accounting for all major holidays, and special days like birthdays, Mother’s or Father’s Day, or other days important for the child or their family.
A schedule for all their school vacations.

Additionally, your plan should lay out which parent gets which holiday, a plan for the child’s transportation, how to handle any possible changes in the schedule, as well as how to handle contact with the child when they are residing with the other parent.

What Missouri Law Says

Missouri does not have any laws regulating what the custody visitation schedule needs to look like, but the court’s decision will be based on what’s best for the child.

Parents who create the schedule together generally will have no problem getting it approved. However, if you and your former spouse cannot agree on a fixed schedule, then the courts will establish one for you.

There are some principles the courts will follow when deciding a visiting schedule:

The child has the right to frequent visitation to spend time with both parents
Joint custody is considered as the optimal option in custody hearings. Sole custody is usually only granted when one parent is considered unfit to take care of the child
Age, sex, or financial status of the parent is not relevant in establishing the visitation schedule
The child’s best interest will ultimately be the decisional factor in these cases.

What Should You Do?

A custody issue, even when both parents agree to do it amicably, is not an easy process. Emotions tend to run high because of the delicacy of the situation. At this time, it’s best to work with a St. Louis divorce lawyer who can help you and your spouse find a middle ground regarding the holiday visitation schedule.

Your lawyer will be the objective voice throughout the entire process and have your and your child’s best interest in mind. Additionally, they can help prepare you for any custody hearings in front of a judge.

Sep 17, 2019 @ 7:29 pm

Physical Vs. Legal Custody in Divorce Negotiations

July 24, 2018 by David Betz

Our team of experienced child support lawyers knows that these matters need to be handled delicately in order for the issue to be resolved amicably.

If you talk to a St. Louis divorce attorney or anyone who has been in a divorce, they will tell you how complicated separation can become. Just going through assets, negotiating on them, and deciding who gets what is very arduous and complex. When children are involved, the stakes are raised even further. The best-case scenario in a divorce is that both parents are mature and empathetic, leading them to negotiate a fair custody agreement. Unfortunately, this is often not the case.

If you are involved in a divorce, whether you have children or not, you should consult with a lawyer. Regardless, educating yourself on the specifics of custody is a smart idea.

Physical Custody

Physical custody refers to where the child usually lives. The negotiations that take place in this domain center around which parent or parents will house the child, and how often they will. There are two reasons why this is so important. First, you might want your child to live with you at least part-time so you can preserve and grow your relationship. This will be much harder if you see each other during visits and outings only. The second reason is that you want to be protected if your ex-spouse decides to move. If you have partial physical custody, you should be able to keep your child in town.

Legal Custody

Though we like to give our children as much freedom and responsibility as they can handle, parents still need to make certain pivotal decisions for them. Examples of these decisions are where they go to school, what sports they play, what religion they follow, and more. When you divorce your partner, these decisions become much more complicated. Depending on whether you have joint or sole legal custody, you may be making those decisions on your own, or you could be making them with your ex-spouse.

Joint Custody

Joint custody describes a situation where both parents have a legal right to their child. This can be applied to both physical and legal custody. In physical, this will mean that the child will live in both parents’ houses on a specified schedule. For legal, it means that parents will need to collaborate to make important decisions about their kid’s life.

Sole Custody

Sole custody is the opposite of joint custody. In this case, one parent will have the right to make every important decision or exclusively house the child. While judges try to avoid this situation, it is sometimes necessary in the case of an extremely negligent parent.

As you can see, the custody situation following a divorce is not straightforward. Making things even more dire, the results of your custody negotiations could have significant effects on your future relationship with your child. Because of this, you need to have a St. Louis divorce lawyer at your side throughout the process. They will get you the best result in every divorce negotiation, including ones for custody.

Child Support Lawyers

Despite the circumstances, your child’s well being and future should always be put first. As a team, our firm has learned that the best approach to dealing with family law issues like child support is to try and work out the differences in a productive and friendly manner. We have found that this approach paves the way for future problems to be handled with mutual respect and the best interest of the child as a priority.

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Contact The Betz Law Firm today for a free 30-minute phone consultation by calling (314) 801-8488 or by filling out our online contact form.

Aug 2, 2019 @ 3:45 pm

St. Louis Child Support Lawyers Explain Joint and Sole Custody

July 12, 2016 by David Betz

Many have a misconception about the meanings of joint and sole custody. Our St. Louis divorce lawyers can help you understand the difference.

Going through a divorce can be a complicated process. When children are involved it can be even more so. There is often a misconception about the meanings of joint and sole custody.

As your personal brigade fighting to obtain support for your child, The Betz Law Firm will make sure that you understand all of the guidelines set out by the state of Missouri and how they are going to affect your family.

What is Joint Custody?

There are different types of joint custody. The divorce decree will indicate with whom the couple’s children will live. In some cases, the parents will work out the details themselves, either voluntarily or with the help of their lawyer or mediator. However, when parents are not able to agree on issues, it may be necessary for the court to intervene and make a decision that’s best for the child or children.

In a true joint custody arrangement, the parents share equal legal and physical custody rights. This means they have an equal say in making decisions for the child, including welfare, upbringing, and living arrangements.

However, true joint custody arrangements tend to be rare because of their potential to cause problems among the parents. This type of arrangement is often not practical.

Joint Legal and Physical Custody

A more common scenario is joint legal custody. With this arrangement, parents agree on making decisions that affect the child’s welfare and upbringing, but the physical custody is awarded to one specific parent.

During a divorce, a court judge will be the one who determines which parent will provide daily care for the child. In most cases, the child will live with the parent that has physical custody.

What is Sole Custody?

With sole custody, exclusive physical and legal rights are granted to only one parent. This may happen in cases of domestic violence or child abuse. The other parent has no right no make decisions for the child but may have visitation rights.

Contact a St. Louis Divorce Lawyer

In matters pertaining to family law, our firm understands that resolving issues through mediation and negotiation will yield better results for both parties. Feel free to contact our law firm to discuss your case today by calling (314) 801-8488 or by filling out our online contact form.

Jun 24, 2019 @ 5:04 pm