What to Know About Custody and Visitation Rights in Missouri
Understanding custody and visitation rights is crucial for parents navigating the legal landscape in Missouri. The state follows specific laws that guide how custody is determined and how visitation is granted to non-custodial parents. Below are key aspects to consider regarding custody and visitation rights in Missouri.
Types of Custody in Missouri
In Missouri, custody can be divided into two main types: legal custody and physical custody.
- Legal Custody: This refers to the right to make decisions about the child’s upbringing, including education, healthcare, and religious training. Legal custody can be awarded jointly or solely.
- Physical Custody: This refers to where the child lives. A parent with physical custody is responsible for the day-to-day care of the child. Physical custody can also be sole or joint.
How Custody is Determined
Missouri courts prioritize the best interest of the child when determining custody arrangements. Several factors are taken into account, including:
- The child’s relationship with each parent
- The child’s needs and the parents' ability to meet them
- The mental and physical health of the parents
- The child's established routine, including school and community
- Any history of abuse or neglect
Missouri law also encourages parents to create a parenting plan that outlines custody arrangements, including visitation schedules.
Visitation Rights in Missouri
Visitation rights are generally granted to non-custodial parents, allowing them to maintain a relationship with their child. Missouri law supports the idea that children benefit from having a relationship with both parents, as long as it is safe and healthy.
The court may grant different types of visitation, such as:
- Normal Visitation: A standard schedule that allows the non-custodial parent to spend time with the child during regular hours.
- Supervised Visitation: This may be required if there are concerns about the child's safety, where visitation occurs under the supervision of a third party.
- Extended Visitation: In certain circumstances, the court may allow longer periods of visitation during holidays or school breaks.
Modifying Custody and Visitation Orders
Changes in circumstances may lead one or both parents to seek a modification of custody or visitation orders. In Missouri, significant changes such as relocating, changes in the child's needs, or changes in a parent's situation can justify a review of the existing orders.
To initiate a modification, a parent must file a motion with the court, demonstrating that the change serves the best interest of the child.
Legal Assistance and Resources
Understanding and navigating custody and visitation rights can be complex. Parents may benefit from consulting with a family law attorney to gain clarity on their rights and options. Resources such as mediation services and parenting classes can also provide support in reaching amicable agreements.
Conclusion
Custody and visitation rights in Missouri are designed to prioritize the welfare of children while allowing both parents to maintain an active role in their lives. Awareness of the laws and processes can help parents make informed decisions that are in the best interest of their children.