Divorce, Custody Issues, & Father’s Rights

In the middle of a divorce involving children, fathers often feel they are at a huge disadvantage.  Men often believe that there’s not a judge on this planet who would ever limit a mother’s access to her children, and that restricting a father’s relationship with his children is much easier to swallow in the eyes of the court. Happily for modern dads, while that attitude may have been prevalent in the past, these days courts appreciate that fathers play a critical role in children’s emotional growth and general well-being.

Missouri Law 

In Missouri, neither parent is favored when custody considerations are addressed because it is presumed that both mothers and fathers are critical to a child’s development, and equal parenting time is the preferred outcome. When parents can’t agree on custody arrangements, the court must make a decision based on the best interest of the child.

Sole Custody Situations 

Sometimes shared custody is not a good idea for any number of reasons.  It could be related to a parent’s work schedule and their capacity to provide the care needed.  Sometimes, a parent’s problems could put a child at risk.  Issues that are certain to limit a parent’s access to their child include:

• A history of domestic violence;
• Serious mental health issues;
• Problems with drug or alcohol abuse.

Can Fathers Get Sole Custody? 

In a word, yes! Again, remember that judges must consider what is best for the child. When the father fits the bill, it is absolutely possible to receive sole custody. The legal issues outlined above would be one reason. Other issues under consideration include:

• What each parent wants;
• Logistical considerations;
• The need of a child to have a solid relationship with both parents, and each parent’s willingness to accommodate that need;
• The physical and psychological capacity of each party;
• Any plans of either parent to relocate;
• Proximity of each parent to the child’s school, and the ability of the child to adjust to any changes;
• The willingness of each party to promote a relationship with the other parent;
• The child’s relationship with other family members;
• Prior issues of abuse or abandonment;
• The preferences of the child, when appropriate.

Child Custody Trial 

A custody battle can be complicated and emotionally draining.  If that’s where you’re headed, it’s best to be well-prepared for battle. You may have to prove claims of negative behavior of your spouse, disprove allegations against you, or challenge reports that are not in your favor. That means having documentation and/or witnesses supporting your bid for custody, including:

• Email, text, and other messaging between parents;
• Character references;
• Criminal and/or medical record pertinent to the case;
• Pictures or videos exhibiting your relationship with your child.

Aggressive Representation 

Divorces with bitter custody battles can be tough. That’s why you need a tough legal team fighting on your behalf.  You can count on the experienced Springfield family attorneys at Courtney & Mills to use every legal means available to us to achieve the best possible outcomes for you.  To discuss, schedule a confidential consultation in our Springfield office today.

Source:

courts.mo.gov/page.jsp?id=38351