Springfield Family Access Motions Attorney
When parents of a shared child divorce, the divorce cannot be finalized until a settlement is reached related to child custody and support. Once the court issues its judgment, the parties are obligated to adhere to it. One thing that can be particularly frustrating, though, is one party to the agreement failing to uphold it. For example, if one party refuses to follow the custody order, the other may feel angry, upset, and at a loss of what to do. Our Springfield family access motions attorney can help. Call our law firm today to learn more about how to enforce your family law order.
What Does Family Access Mean?
According to the website of the Missouri Courts, a family access motion may be filed when a person’s right to custody or visitation under a court order (specifically, a judgment of dissolution, legal separation, or modification) are interfered with by a parent or a third party without good cause. When a motion for family access is filed, the petitioner is asking the court for help in obtaining the rights to custody, visitation, or third-party access/custody that have already been granted by the court in a previous judgment.
How to File a Family Access Motion
A family access motion can be filed with or without an attorney – working with an attorney can be helpful in ensuring that the form is filled out and filed correctly.
Filing a motion for family access begins by accessing the proper forms, which can be downloaded on the website of the Missouri Courts or can be accessed in-person at your county clerk’s office. After acquiring the forms, you should fill them out in full and file the papers with the clerk’s office. In filing the motion, you will need to pay a filing fee.
After you file your motion, you will need to make sure the offending party (i.e. your ex-spouse or another third party who is interfering with your custody or visitation) is served with a copy of the motion – this too will require paying a fee. The completed family access motion should be served to the defendant within five days of being filed with the court.
After your motion is filed, the other party will have the opportunity to respond. Next, both parties in the case will have the opportunity to present evidence to support their case, including calling any witnesses. At the conclusion of the case, a judge will enter an order to resolve the dispute. An order might include ordering compensatory visitation, counseling, a fine, or/and ordering the offender to pay court and attorney fees.
How Can a Springfield Family Access Motions Attorney Help?
If you are a parent whose rights to custody or visitation with your child have been interfered with–or if you are a party who has had a family access motion filed against you–working with a qualified Springfield family access motions attorney is strongly recommended. At the law office of Courtney & Mills, LLC, our attorneys will work hard to gather evidence to support your case and secure the best outcome possible. Please call us today to get started.
