Missouri Child Custody and Child Visitation
Missouri courts often have to undertake the task of deciding issues of child custody and child visitation. While they hope parents can come to an amicable resolution on how to raise their children, this is not always the case. When Missouri courts do have to make decisions on child custody and visitation rights, they will ensure that the decision is made in accordance with the child's best interests. A number of factors based on Missouri law are taken into account when coming to this decision. Before going to court, you should have a more comprehensive understanding of the Missouri child custody and child visitation process. Retaining a Missouri child custody attorney will alleviate any of your concerns and help you to understand the process.
Missouri Child Custody
Missouri law allows a parent to receive either sole or joint custody of a child. Courts in Missouri award child custody according to the best interests of the child standard and no preference is given to the mother or father. Factors considered by Missouri courts under the standard include:
The Missouri court may interview a child in the judge's chambers to better determine the child's wishes for custody. During this interview, the child will privately discuss his wishes as to custody and other relevant issues regarding the parents. A record of the interview will be made and provided to be used during the child custody proceedings in court.
If after the custody order is created, a parent is found to have committed domestic violence against the child, then the court may alter the existing custody plan to ensure that the child's best interests are being served.
Parents going through the Missouri child custody process are advised to seek counsel from a Missouri child custody attorney due to the importance and complexity of child custody proceedings.
Missouri Child Visitation Rights
Missouri courts will grant noncustodial parents and nonparent's visitation rights if requested. Visitation rights allow the noncustodial parent or nonparent to spend time with and visit the child at pre-determined intervals. Generally, noncustodial parents will be granted reasonable visitation rights in Missouri unless doing so would be endanger the child's physical, mental, or emotional well-being. Grandparents may also be granted visitation rights if doing so is in the best interests of the child and will not endanger the child's physical, mental, or emotional well-being
When considering if granting visitation rights is in the child's best interests, Missouri courts consider whether the parent has a history of inflicting harm or has a tendency to inflict physical harm. If a parent who is found to have committed domestic violence is seeking child visitation, the court will not award them custody unless doing so would be in the child's best interests.
If child visitation is granted a visitation schedule is created that depicts the times and circumstances the noncustodial parent may visit the child. When creating a visitation schedule, the court must provide specific findings of fact justifying its decision to decide visitation in the manner suggested. The custodial spouse or other individual may not interfere with a court granted child visitation order.
If you are seeking visitation rights, then you should consult a Missouri child custody attorney that has experience working on child visitation cases.
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