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Articles Posted in Child Custody

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father-Son-300x150The family law system in the State of Missouri has recently seen a significant shift in the potential success of claims of third parties seeking custody rights with minor children.  This shift was further defined by a recent decision from the Eastern District of the Missouri Court of Appeals.

In the context of custody litigation in Missouri, a “Third-Party” most often refers to an individual who is not a biological or adoptive parent who is seeking specific custody rights with a minor child.   Often this individual has a biological or marital relationship to the child, such as a grandparent, aunt or uncle.  However, a biological relationship with a child is not a requirement for a “Third-Party” seeking custody rights.

Section 452.375 of our Missouri Statutes provide in part with regard to Third Party custody or visitation, as follows:

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missouri-childrenIn most cases, child support  in Missouri ends when a child graduates high school after his eighteenth birthday.  As we have addressed in previous blogs, a parent’s Missouri child support obligation may also continue until a child’s twenty first birthday if that child continues his education beyond high school and meets the criteria as set forth by Missouri statute. However, in limited extenuating circumstances, a parent’s child support can be extended well past the age of emancipation; in extreme circumstances, it can be extended indefinitely. An experienced Missouri family law attorney can assist you if this circumstance applies to you.

 A physically or mentally incapacitated child

According to Missouri law, a parent’s child support obligation may be extended beyond a child’s eighteenth or twenty first birthday, if that child is physically or mentally incapacitated from supporting himself and insolvent and unmarried.

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private school costWith the prevalence of private grade schools and high schools in the St. Louis area, family law attorneys and judges are often faced with the question of how to pay for the costs associated with these schools when one or both parents decide to send their child to private school.  In today’s blog we cover how this can impact a parent’s child support obligation.

If you assumed that St. Louis has a larger than average percentage of students attending private grade schools and high schools as compared to other large metropolitan areas, you would be correct.  In a recent study by the real estate company Trulia, of the largest 100 metropolitan areas in the United States, St. Louis ranked 10th overall in a measurement of the largest percentage of students enrolled in private school.

Whether it be in a divorce situation or in a case where the mother and father were never married, the Missouri family court is often faced with a decision as to whether to assign these costs to either parent.

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playing.jpgIn our previous blog we discussed the difference between sole legal custody and joint legal custody and the importance of having a well drafted parenting plan. In today’s blog we discuss those factors that will be considered by your family court Judge in determining legal custody in a contested custody case.
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father son.jpgIn Missouri the general concepts involved in an award of sole legal custody or joint legal custody can be simply explained. However, prior to accepting a specific legal custody arrangement, Missouri parents should be aware that the specific language contained in their court order regarding legal custody can have a significant impact on both their interactions with their child’s other parent and with those involved in their child’s medical care, education and extracurricular activities.
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fighting parents.jpgIn 2013 we covered many issues relating to child custody in our blogs including those specific factors your judge must consider when entering an order of child custody. In today’s blog we will discuss both practical and specific information every party in a child custody case in Missouri should know.
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images.jpgIn some Missouri family court cases, it is necessary for the Court to appoint a guardian ad litem. A guardian ad litem (“GAL”) is usually an attorney and can be appointed in divorce, paternity and custody modification cases to represent the best interests of the children involved in the domestic matter. A GAL must be appointed in child order of protection cases, or in any case where abuse or neglect is alleged by either parent, but can also be requested by either party to assist the furthering of the children’s best interest in the family court case. The best interests of the children are determined by Missouri Revised Statute Sec. 452.375.
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st. charels court room.jpgOne of the most difficult decisions a trial judge can be faced with is deciding a custody arrangement that is best for a child. A good trial judge will closely scrutinize the evidence and evaluate each relevant factor in making her decision. In Missouri, those factors the Judge must consider are outlined in our Missouri statutes.
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