How Is a Family Home Divided in a Missouri Divorce?
Nothing is more important than the safety and well-being of your child. We at Stobie Family Law Group understand this, and when divorcing parents face custody-related issues, we make it our priority to ensure they can continue to play an ongoing and meaningful role in their child’s life. If you’re a parent going through the divorce process, please don’t hesitate to contact our knowledgeable and compassionate St. Louis child custody lawyers today.
Here at the Stobie Family Law Group, our seasoned St. Louis family lawyers take pride in helping parents through all types of custody issues. If you’re seeking custody of your child, look no further than our firm to effectively advocate for your parental rights.
In Missouri, child custody is divided into two categories: physical custody and legal custody. Physical custody refers to where the child resides and who is responsible for their day-to-day care. This can be either joint (shared between both parents) or sole (where one parent has primary physical custody).
On the other hand, legal custody deals with the rights and responsibilities of making significant decisions regarding the child’s upbringing, including education, healthcare, and religious training. Like physical custody, legal custody can also be joint, allowing both parents to make these decisions together, or sole, where one parent holds this authority. At Stobie Family Law Group, we help parents navigate both aspects, ensuring that their parental rights are fully protected.
When determining child custody in Missouri, the court’s primary consideration is always the best interest of the child. In 2023, Missouri law reinforced a presumption of 50/50 custody, meaning courts start with the assumption that equal parenting time is in the child’s best interest. However, this presumption can be rebutted if one parent can provide evidence showing that an alternative arrangement would better serve the child’s welfare.
Factors that courts weigh include the wishes of the child (if they are mature enough to express a preference), each parent’s ability to care for the child, the emotional needs of the child, and any history of abuse or neglect. If there is evidence of domestic violence or if one parent has a history of substance abuse, the court may grant sole custody to the other parent or adjust the parenting time to protect the child’s safety. At Stobie Family Law Group, we have extensive experience presenting compelling arguments to secure favorable custody outcomes.
Yes, child custody agreements in Missouri can be modified if there has been a substantial change in circumstances since the original custody order was issued. This change must affect the child’s welfare and make it clear that a modification would serve the child’s best interests. Common reasons for modifying custody include one parent relocating, changes in the child’s needs (such as health or education), or a significant change in one parent’s circumstances, like job loss or remarriage.
Additionally, if there is evidence of neglect, abuse, or an unsafe environment, the court may reconsider the current custody arrangement. Our St. Louis family lawyers at Stobie Family Law Group are well-versed in navigating custody modifications and can help you advocate for the best outcome for your child.
When one parent violates a child custody order, it can disrupt the child’s life and create unnecessary tension between parents. In Missouri, child custody orders are legally binding, meaning that all parties must comply with the terms laid out by the court. If one parent fails to follow the custody arrangement—whether by withholding the child during scheduled parenting time, making unauthorized decisions about the child’s care, or attempting to alienate the child from the other parent—it is considered a violation of the custody order.
If a parent violates the custody order, the other parent has legal recourse to address the issue. Missouri courts take custody violations seriously, and the parent affected by the violation can file a motion for contempt of court. If the court finds that a violation occurred, the offending parent may face penalties such as fines, modifications to the custody arrangement, or even jail time in extreme cases. It’s important to document each violation clearly, including dates, times, and any communication between you and the other parent, as this information will support your case in court.
In addition to legal penalties, Missouri courts may also order make-up parenting time if a parent has been denied their rightful time with the child. This helps to restore the relationship between the parent and child while also reinforcing the importance of adhering to court-ordered custody arrangements.
At Stobie Family Law Group, our experienced St. Louis child custody lawyers can help you take appropriate legal action if your custody rights have been violated. We are here to protect your parental rights and ensure that the best interests of your child are upheld.
Don’t face any custody-related issue on your own; having a skilled team of St. Louis child custody lawyers in your corner can make a world of difference. Contact the Stobie Family Law Group today so we can get started working on your case.
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