How to Establish Shared Custody in Missouri Family Law

How to Establish Shared Custody in Missouri Family Law

Establishing shared custody in Missouri is a crucial aspect of family law that emphasizes the importance of maintaining a child's relationship with both parents after a separation or divorce. Understanding the legal framework and navigating the process effectively can lead to a favorable outcome for both parents and children involved.

Understanding Shared Custody in Missouri

Shared custody, also known as joint custody, can be divided into two main types: joint legal custody and joint physical custody. Joint legal custody allows both parents to make important decisions regarding the child's upbringing, education, healthcare, and religious practices. Joint physical custody means the child spends significant time living with both parents.

Missouri's Best Interests of the Child Standard

In Missouri, courts prioritize the best interests of the child when making custody decisions. Factors considered include:

  • The parents' ability to provide for the child's needs.
  • The emotional bonds between the child and each parent.
  • The child’s adjustment to home, school, and community.
  • The mental and physical health of all parties involved.
  • The records of each parent's involvement in the child's life.

Steps to Establish Shared Custody

1. Consult a Family Law Attorney: Before you initiate any custody proceedings, it is advisable to consult a legal expert who specializes in family law to understand your rights and obligations.

2. File the Custody Petition: You must file a petition for custody with the appropriate family court in the county where your child resides. This petition outlines your request for shared custody and the reasons you believe it is in the child’s best interest.

3. Mediation: Missouri courts often encourage mediation as a way to resolve custody disputes amicably. During mediation sessions, both parents can discuss their preferences and negotiate terms for shared custody arrangements.

4. Court Hearing: If mediation does not yield an agreement, a judge will schedule a court hearing. Both parents must present their case, including evidence and testimonies, to support their claims for joint custody.

5. Parenting Plan: Create a comprehensive parenting plan that outlines the custody arrangement, including details about schooling, healthcare, visitation schedules, and communication between parents. This plan must serve the child’s best interests and should be submitted to the court for approval.

Legal Considerations

It's important to note that either parent can request a modification of the custody arrangement if circumstances change significantly. Missouri law allows for these modifications when there’s clear evidence that altering custody would be in the child's best interest. Always document any necessary changes or incidents that may require an adjustment to custody.

Maintaining Effective Communication

To successfully establish and maintain shared custody, it's essential for both parents to communicate openly and cooperatively. Establish regular meetings or check-ins to discuss the child’s progress, address any concerns, and ensure both parents remain involved in the child’s life.

Conclusion

Shared custody arrangements can provide a balanced approach to parenting after a separation or divorce. By understanding the legal requirements, prioritizing the child’s best interests, and fostering effective communication, parents can work towards a successful shared custody outcome in Missouri.