5 Things to Know About Child Custody
Child custody cases are very common in family law. Child custody cases determine the future for many families and can lead to material changes in the way that parenting is done and the way that children interact with their parents. Child custody cases can be part of the adoption process, or they might be part of a divorce.
Having a skilled lawyer who is familiar with family law in St. Louis, MO, is key when it comes to child custody cases. You need to be sure that none of the critical considerations will be overlooked in your case. After all, the well-being of your child is at stake. Our team has years of experience with family law cases and custodial cases, and we can help you get a favorable custodial agreement in place for you and your child.
Things to Know About Child Custody Cases
1. Legal vs Physical Custody
One of the main considerations that many people are not aware of that is a part of child custody case law, is the difference between legal custody and physical custody. The legal custodian of a child can decide what region they are exposed to, where they go to school, and where they live. They are also responsible for determinations about the child’s health and well-being.
The physical custodian will be able to make day-to-day decisions and can spend time with the child per the parenting agreement, but they will not be able to make these other more fundamental determinations for the child. In many cases, the mother is the legal custodian, and the father will have physical custody rights when they are spending time with the child.
2. Custody Orders Detail Rights and Responsibilities
The custodial orders that are created with the help of lawyers and the judge presiding over the case, will determine what actions are allowed within the parenting plan. This means that the custodial parent will be directed toward the actions, responsibilities, and requests that they are allowed to make, and likewise, the legal custodian will have a detailed list of things that they are required to acquiesce to and that they are responsible for.
Custodial rights are a big part of the parenting plan that is laid out for each parent. Each parent has to honor these custodial rights. If the agreement is not honored, the parent who believes that there has been a violation can initiate a new custodial case to have parenting rights removed or modified for the parent who is not following the orders.
3. Visitation Rights Are Different Than Custodial Rights
Custodial cases can also apply to visitation rights. Not everyone who has parenting rights has full custodial rights. In some cases, visitation is all that is allowed for a parent or a family member. In these cases, specific allowances will be protected by legal order for the parent or family member with visitation rights. This person will not be allowed to make major determinations for the child and will typically only be able to visit the child on specific days and times per the mandate.
4. Child Support is Part of the Custodial Agreement Process
Child support is part of the parenting plan that is created when custodial rights are being determined. The parent who has the child full-time will be awarded child support to assist with the costs of raising the child. This is commonly paid by the father, but not all custodial cases follow traditional gender roles. In some cases, the father has full custody of the child and the mother pays child support.
Child support payments are determined by the income of the party who has to pay the support amount and the situation of the primary custodial parent can also come into play when deciding how much child support is warranted.
In the state of Missouri, the Missouri Child Support Program handles the collection of these payments and then distributes them to the custodial parent who is to be given the payments each month. These payments can be delivered in a few different ways to the custodial parent. The paying parent will have various options with regard to providing the payments as well.
5. There Are Various Custody Types
Most people believe that there is only one kind of custodial arrangement. This is not the case, and there are actually a variety of different custody types to choose from. Custody is typically joint, but one parent can also be awarded sole custody. We already discussed legal and physical custody and the differences between them in another section, but this factor is determined alongside the determination of joint or sole custody.
Shared visitation is the usual visitation ruling no matter the custody type, but there are cases where visitation is not granted, or visitation is limited due to circumstances surrounding the parenting situation. Sole custody and limits on visitation are often put in place when one parent is found to be unfit or when one parent surrenders parenting rights and has no wish to continue with visitation of the child.
Domestic violence can be involved in determinations not to allow custody, and child abuse might also be a factor. Additionally, parents who are in prison or who do not have stable living arrangements might also be denied custodial rights and visitation rights.
Child Custody Cases are Best Handled by a Skilled Legal Team
Child custody cases are best handled by a team of legal experts who are working on our behalf. The questions behind custodial decisions can be complex, and unique situations might come into play in certain cases. Having a lawyer who is versed in family law working on your behalf can make all the difference when it comes to getting the right parenting plan and custody order for you and your child.
Our team of lawyers has years of experience working on child custody cases of all shapes and sizes. You can trust us to help you seek a parenting agreement and a custodial agreement that will be favorable for you and your child’s needs.