Missouri Child Custody and Support

July 26, 2012

Missouri Child Custody and Support

When parents split up, one of the more difficult issues they face is setting up custody arrangements. If parents cannot reach an agreement between themselves, the court must step in and set up a parenting schedule. Missouri parents should know the different types of child custody, as well as how courts make custody determinations and child support awards.

Types of Custody in Missouri

Missouri law divides custody into two main categories:
-Legal: the right to make decisions about the child's upbringing, such as education, religion and health care
-Physical: how much time the child spends with each parent

Both types of custody can be joint or sole.

If parents share joint physical custody of a child, it does not necessarily mean they divide parenting time with the child evenly. Even an 80/20 split of parenting time can be considered joint.

If parents share joint legal custody of a child, they must AGREE on decisions concerning the child's upbringing, such as what religion the child will be exposed to, what doctors they will see, where they will go to school, etc. If one parent has sole legal custody, they must discuss these same matters with the other parent but then are free to make the decision they believe best serves the child.

Best Interests of the Child

The court awards custody based on the "best interests of the child" standard. The court uses a variety of factors to assess a child's best interest, including:
-The parents' wishes
-The relationship between each parent and the child, as well as any siblings
-The willingness of each parent to meet the child's needs
-The willingness of each parent to foster a relationship between the child and the other parent
-The child's adjustment to school and the community
-The mental and physical health of all parties involved, including any history of abuse
-Any intentions of either parent to relocate
-The child's wishes

Income Shares Model for Child Support

Missouri courts award child support based on an "income shares" basis. The court gathers detailed information about the financial situations of each parent, the needs of the child or children, the number of children each parent has and other similar information. The court then determines a child support award in accord with the Schedule of Basic Child Support Obligation.

Talk to a Lawyer

It may seem obvious to parents that they have their children's best interests in mind when petitioning the court in custody matters. However, they may not be able to clearly articulate their positions to the court without assistance. If you are going through child custody and support issues, seek out the assistance of a veteran child custody attorney who can help advocate for you and your children.

Article provided by Zolman Law Firm
Visit us at http://www.familylawstlouis.com