When you and your spouse are going through a custody battle, it’s important to understand the factors that will be considered to determine how custody is divided. Unfortunately, many parents are aware that the courts will try to determine what arrangement is in the best interest of the child, but aren’t sure what this actually means. As such, it’s important to keep reading to learn more about this process and why it’s in your best interest to connect with St. Louis child custody lawyers to explore your rights in these matters.

What Are the Different Custody Arrangements in Missouri?

Generally, there are two different forms of custody that must be determined – physical and legal custody. Physical custody refers to which parent is caring for the child at any given time, while legal custody refers to the rights of a parent to make decisions for their child, like where they go to school or what religion they practice.

Additionally, custody can be split or granted solely to one party. If physical custody is split, it means both parents will have considerable, but not necessarily equal, time with the child. If sole custody is granted, then that parent becomes the custodial parent, and the other may have weekends or visitation rights with the child. Additionally, legal custody can be joint, in which case the parents would need to agree before making these important decisions.

How Do Courts Decide the Best Interest of the Child?

First and foremost, it’s imperative to understand that there is no set definition as to what the best interest of a child is. This is because these matters must be determined on a case-by-case basis, as the circumstances of each family differ. As such, what may be best for one child could be a worst-case scenario for another.

As such, the general idea of the child’s best interest standard is that the custody arrangement the courts decide on must reflect the best possible arrangement for the health, happiness, and well-being of the child. It’s important to understand the elements the courts will examine to determine this outcome. As such, these factors include the following:

  • The age and physical health of each parent
  • The job demands and income of each parent
  • Who the child’s primary caretaker was prior to the divorce
  • The ability of each parent to provide a safe and stable home
  • The willingness of each parent to work with the other to parent the child
  • Where each parent lives in relation to the other
  • Where each parent lived in relation to the child’s school and extracurriculars
  • Any allegations regarding abuse or neglect

It’s also important to understand that, in general, the courts believe it is in the best interest of a child to maintain a relationship with each parent. As such, the judge will examine these circumstances before adjusting the allotted parenting time accordingly.

Navigating custody can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with the Stobie Family Law Group as soon as possible to explore your legal options. Our team will do everything possible to fight for the best possible outcome for your family. Contact us today to learn more.