Hi my name is the Stacy Roberts and I am anattorney here at Long Okura. If you’re going through a divorce proceedingor any proceeding where children are involved there’s a few things you shouldknow about child custody. First of all there are two differenttypes of custody that can be awarded in your case. There is Physical Custody and LegalCustody. Physical Custody is where the childrenspend the night. If you are awarded sole physicalcustody it means the children are with
you for the majority of the overnightsin one year. It means you have twothirds of those overnights. If joint physical custody is awardedit means the parents are splitting these overnights and they’re with each parentequally or the parents have at least one hundred and eleven overnights each year. There is also legal custody and this regards who makes the majordecisions in a child’s life regarding religion, education, residence
and any major health issues. Sole legal custody means that one parentis making these decisions but they’re communicating these decisions to theother parent. Joint legal custody means the parentscooperate and decide together in any of these majors decisions for a child. In your decree or any final documentthere should be how these final decisions will be made if there is anydisagreement. Whether you’re going to go to mediation to decide or if oneparent is going to be the default
decision maker. When a court is making the decision onthese custody matters they look at several different factors in a child’slife. The most important is what is in thechild’s best interests. They also look at who has been thehistorical primary caregiver for the child, any current arrangements or status quothat has been reached in the case, if there are siblings involved, if specialbonds have been created with the parent,
what are the the moral character andemotional stability of each parent, the situational stability of a parent, also how much time does the parent haveavailable to spend with the child. Any significant impairments of a parent mayalso be taking into consideration, but disability is not a factor when thecourt is deciding. If any parents has relinquished custody or hasnot been involved in the child’s life the court will also take this intoconsideration. In summary there are two types of childcustody: physical custody and legal
custody. There’s also various factors thatthe court will take into consideration in awarding these different types ofcustody. If you have any questions please contactLong Okura and setup an appointment with an attorney so we can tell you which factors maybe mostimportant in your case..
Child Custody Relocation The Marks Law Firm
Because your child is involved, if eitheryou or your former spouse wants to move to another part of the city or to the other sideof the world, in Missouri there are a set of statutes to follow so that the child isn’tharmed by the move. A party seeking to relocate must send viacertified mail notice at least sixty days in advance of the proposed relocation, andthe notice must include several components, including the proposed date of relocation,the proposed new address and phone number, the reasons for the proposed move, and a proposednew schedule of physical custody. Once a party receives a relocation notice,that party cannot just sit back and wait;
doing so will result in allowing the relocationto proceed. If a party wishes to prevent relocation, that party must file a Motion and Affidavitto Prevent Relocation within thirty days of the receipt of the relocation notice. Thisis a strictly enforced deadline. After the filing of the Motion and Affidavit, the partyseeking relocation has fourteen days to file a response, and the matter will be set fora hearing before the court. A trial court can only grant relocation ifit finds it was made in good faith and is in the best interests of the child. Whilethese criteria seem a bit ambiguous, and do give the trial court a great deal of discretion,they have more specific meaning. If a relocation
isn’t made in Good faith, it simply meansacting with an improper motive, usually with the intent to deprive the other parent offrequent and meaningful contact with the child. But of course, the Best Interests Standardrequires the court to apply the same factors as in any custody decision. Relocation cases usually involve thoroughexamination of the financial basis of the proposed move, the attempt by the relocatingparent to find suitable employment without relocating, and the impact on the childrenof changing schools and communities. Making a successful case on either side of the relocationissue requires presentation of extensive evidence,
and can require retention of experts and eventhe appointment of a guardian ad litem. Consequently, relocation cases are complex and require theskill of an experienced attorney..