How is Custody Decided?

One of the most difficult aspects of divorce often revolves around child custody. Decisions must be made either by the parties agreeing or the judge determining how parenting time will be split. Usually, both parents want primary custody and often struggle to come to an agreement. When the courts become involved, many parents wonder on what grounds the judge will make their decision. In this post, we’ll explore how Missouri courts typically handle custody disputes. 

Under Missouri law, both parents are entitled to parenting time. In most cases, the court prefers that duty to be shared equally. The judge is required to preserve the child’s relationship with both parents and the child also has a right to spend regular time with both of their parents. The guiding principle for custody decisions always comes down to what is best for the child. Sometimes that means that one parent will get significantly less time with their child. While this could happen for a variety of reasons, some of the most typical reasons include criminal history, drug abuse, unemployment and unstable housing. If you don’t believe your ex is able to safely care for your child, you must present evidence of your concerns to the court for consideration. If your claims are substantiated, the court could award you sole custody. Unfounded claims are unlikely to influence the judge’s decision and could appear like you’re trying to interfere in the other parent’s relationship with the child. 

Arguing your perspective to the court can prove difficult for the average person. That’s why it’s so important to hire a knowledgeable attorney who has years of experience in these types of cases. Your attorney will know how to best present evidence to increase the likelihood of custody being decided in a favorable way. Knowing what types of evidence are admissible and how to argue those regarding the child’s best interest is something they should be able to do well. 

Daniel Finder at Finder Law, LLC has over 10 years of experience in family law matters and has extensive knowledge of how the court system works in mid-Missouri. He will walk you through the court process and ensure that your rights and interests are protected.

Call us today to set up a consultation.