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Your relationship with your children is precious; you want to preserve it at all costs. Parents’ fears about losing their connection with their children during a divorce or separation are part of what makes child custody negotiations so challenging.
If you are divorcing or do not live with your co-parent, the courts will require you to develop a parenting plan describing your intentions for raising the children together. A court must approve the parenting plan, so it is critical to run it by an attorney.
A St. Louis child custody lawyer from Jones Family Law Group could help you create a workable parenting plan that meets legal requirements. If you and your co-parent cannot agree on custody issues, our experienced attorneys are prepared to advocate for your custody goals in court.
A parenting plan is a blueprint for how you and your co-parent will raise your children while living separately. The parenting plan addresses the schedule, decision-making authority, holidays, and support or financial issues.
The parenting plan establishes the schedule of when a parent has custody of the children, which in Missouri is called Physical Custody. Most courts encourage equal custody time for the parents, but not always. One parent’s address will be the children’s address for school registration, medical records, and other official purposes.
The plan must contain a detailed schedule, including where the children spend school vacations and holidays. The plan should include information about transportation, such as pick-up and drop-off times and where those exchanges will be held. The plan will likely also address access to medical or educational records as well as scheduling extracurricular activities.
In Missouri, the right to make major decisions for the children is called Legal Custody. Courts presume that two fit parents should share Legal Custody. If you and your co-parent share decision-making, the parenting plan must include your process for resolving disagreements. Our St. Louis child custody attorneys are here to discuss these important determinations with you.
Parents often include guidelines for their behavior with the children in the parenting plan. For example, your plan could say that when the children are present, the parent may not drink alcohol, use drugs, have overnight guests, or engage in other behaviors. Parenting plans often contain prohibitions against speaking negatively of the other parent in front of the children. Parenting plans also can establish the frequency of contact with a parent while a child is with the other parent.
Your parenting plan must include financial arrangements for child support. Missouri uses a formula with detailed guidelines to calculate child support. The skilled child custody lawyers at our St. Louis office can help with these calculations to ensure your plan includes an appropriate payment amount and that your agreements comport with the guidelines.
Parents must recognize that courts decide custody by evaluating the children’s best interests. Your opinions and arguments count, but the judge strives to make decisions that provide the children maximum stability and support.
Missouri Revised Statutes §452.375 describes the factors a judge may consider in determining the children’s best interests. Understanding these factors may help you and your co-parent put your wishes aside to negotiate a custody arrangement that best supports your children. The factors include the following:
The court also considers the children’s opinions, although their wishes do not determine the outcome. A history of domestic violence or child abuse can also impact a custody decision. If a domestic violence history is an issue in your child custody dispute, discuss your options with a St. Louis attorney from Jones Family Law Group.
Parents may fight over child custody when a divorce or separation is bitter. However, taking a hard line stokes hostility, creates needless delay, and increases the hours attorneys must spend on the case, resulting in a more expensive proceeding. Custody disputes are also very hard on the children.
The law favors parents sharing custody and decision-making authority. The time-sharing need not be 50/50, but courts support each parent getting as much parenting time as schedules allow. It is best to work with your co-parent to find a workable plan, even if you have difficulty communicating with each other.
If you and your co-parent cannot negotiate productively, a child custody lawyer at our firm may suggest mediation or another form of alternative dispute resolution. Working with a neutral third party often helps parents check their feelings and focus on what would be best for their children. However, sometimes alternative dispute resolutions fail, and the only option is to go to court.
Deciding on custody issues is an emotionally challenging but necessary part of the divorce, paternity, or separation process. Your children will benefit greatly if you put hostilities aside and focus on their needs. Divorce is hard on children, but you can ease the disruption by putting your children first.
A St. Louis child custody lawyer at our firm understands the challenges and is well-equipped to help you through them. Call Jones Family Law Group today to discuss your situation with a seasoned attorney.
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