Child Custody
Child Custody is an issue if you have children and are either not married to the other parent, or you are divorcing the other parent. Child Custody in Missouri involves two different issues: Legal Custody and Physical Custody.
Legal Custody is concerned with who makes important decisions regarding your child. For example, decisions about where your child goes to school, what sports your child participates in, and what medical care is appropriate for your child. In contrast, Physical Custody is concerned with who your child is physically with, and when.
Missouri Law favors a custody arrangement that is in the best interests of the child. Often, but not always, this means that the child's parents will share either or both Legal and Physical Custody. This shared custody is called "Joint" custody.
In the event that either parent makes allegations of neglect or abuse, or there are other concerns about the well-being of the child, the Court will appoint a lawyer to represent the best interests of the child. This appointed lawyer is called the Guardian Ad Litem.
The Court will approve a "Parenting Plan" which describes in detail the Legal and Physical custody of the children.
It may become necessary, after a Parenting Plan is in place, to modify the Custody of the child. This happens when there is a substantial change in circumstances or either parent or the child. Or, if either parent is unable or unwilling to meet their obligations of the Parenting Plan or to otherwise act in the best interests of the child. The process by which a Parenting Plan is changed is called Custody Modification.
