When a couple chooses to divorce, one of the first questions asked is, “Who will get custody of our child?” Sadly, child custody is one of the toughest and most litigated issues in any divorce.
The best way for parents to handle custody of their child is to work together to make an agreement they can both support. The parents will avoid a long, expensive court battle, and it will spare their child from additional emotional turmoil. When parents are unable to reach an agreement regarding child custody, then a court must decide the outcome.
As in most states in the U.S, Missouri’s child custody laws follow the standard of what is in the “best interests of the child.” Each parent has an opinion about what is in a child’s best interest; however, what a parent believes or wants is only one factor that a court must consider. The court considers many different factors before any decision is made about child custody.
In family and custody law, the state of Missouri attempts to give each parent a completely unbiased chance at obtaining custody rights of their child. Missouri does not give preference to mothers. Missouri does not give preference in child custody decisions based upon the age or sex of the child.
According to Missouri child custody law, the court can consider several different types of custody arrangements. Again, the ultimate goal is to do whatever is in the best interests of the child. Some of the different types of custody are:
Both parents have an equal say in all matters regarding how they will raise their child. This can include decisions on education, health, religious beliefs, and other issues that affect the welfare of the child.
Physical custody determines the amount of time the child lives with each parent each year. It may not necessarily be equal amounts of time to be considered joint.
Joint legal custody to both parents with sole physical custody to one parent
Joint physical and legal custody to both parents
Joint physical custody to both parents and sole legal custody to only one
When one parent is awarded sole custody, the other parent is given visitation rights. Sometimes it’s necessary to have supervised visitation if there were instances of neglect or abuse.
Do not engage in verbal or physical confrontations with the other parent or your child at any time. Avoid talking to anyone negatively about the other parent, especially mutual friends. Don’t post anything online, in an email, text message, or anywhere else that you would be ashamed or embarrassed for a judge to hear or read.
If at all possible, refrain from dating and do not introduce a new love interest to your child during custody proceedings. Do not use the child as a pawn between you and the other parent. Above all, prove that you have the child’s best interest in mind first.
If you owe child support, pay child support on time. If you’re responsible for taking your child to a particular event, stick to your word. Do not neglect your responsibilities. You need to show you’re an active and vital part of your child’s everyday life and that you’ll provide continuity whenever possible. If you have an agreed-upon custody schedule or a temporary custody schedule, make sure you follow it. Do not ask the other parent or the court for time with your child and then fail to exercise that time.
You need to plan for how you intend to spend time with your child. You need to think realistically about the amount of time you can spend with your child and when you can actually exercise that time. You may have work commitments or professional responsibilities. Talk to your employer and see if your employer can provide you any flexibility in your work schedule. If your child is or will be attending school, you need to think about the arrangements you need to make to drop off or pick up your child from school. If you’re married and going through a divorce, you will most likely no longer spend holidays with your spouse. Think about a holiday schedule. Give some thought as to any holiday or special traditions you would like to continue
Divorce and custody cases are usually filled with animosity and a get-even mentality. Both parties are often filled with anxiety and nervousness. You need a lawyer who will keep you grounded while pursuing the best interests of you and your child.
Scott Hamblin works to provide reassurance to his clients. By explaining the process and the law, Scott will take the confusion and stress out of the case. At our firm, we provide a full support team to assist you. The goal is to work efficiently and save you time and money. If you and your ex are willing to work together, Scott can also assist with settlement negotiations and family law mediation to resolve situations without trial. This will provide a quicker and less emotional resolution for everyone, especially your child.
If you are unable to reach an agreement, then reach out and Scott can assist you in preparing for court and trial. Scott has more than twenty years of experience litigating cases. He has tried divorce and custody cases in numerous courts throughout Missouri.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I cannot say enough good things about Scott Hamblin and his team. From the beginning, Scott was extremely organized, thorough, and realistic. He was always honest with me about my options and what to expect, and he never made promises he couldn't guarantee. At the same time, he was confident, strategic, and fully prepared. Going into trial, I knew we had challenges. It was clear the guardian ad litem's position was biased and not favorable to me, and at times, it felt like the odds were stacked against me. However, Scott's preparation, command of the facts, and ability to clearly…
If you are looking for an attorney who always strives to win, Scott is your number one choice. He is here for you and is there to win the case. I believe he has the best of intentions to do the job he is hired for every time. Best of all, he takes pride in his work!! If you are reading this, there is no need to look any further.
Going to court is, without a doubt, the scariest and my stressful thing that I have ever done. All the legalities and unknowns are all you can think about, and having a good attorney to ease some of those worries is essential. From the first day we met Mr. Hamblin, he has been kind, understanding, and patient with us. He was great at listening and giving us options. Also, when needed, he communicated when we were being unreasonable. Honestly, we have all been a little unreasonable when frustrated, but I was glad he communicated that before we went to court.…
This is where I found myself about a year ago – reading Scott Hamblin’s Google reviews and wondering who I should turn to for help. My ex-wife (a former family law attorney) was trying to relocate our two children out of state. I’m not an attorney. I didn’t yet live in Cole County. I read Scott’s bio and his reviews and decided to take a chance. It was one of the best decisions I made during the most difficult year of my life. Scott is a trial attorney, and he is a pro. He set clear expectations about the case,…
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child but in the end Scott Hamblin was a great lawyer he did his job extremely well and was able to get my son back to me I definitely would recommend him to anyone that is in need with any kind of legal or family case.
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how hard he worked for us.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that I have my children with me now and could not be happier. Thank you Scott for fighting for me. If I ever need an attorney again, Scott Hamblin will be the one that I am going to call.
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that I had and, helped me along the way to make the best decisions for my case with my financial situation in mind. Scott left no rock unturned in the trial and was extremely prepared for the case. After a long 2 days' worth of trial,…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
For accessible and experienced representation, contact attorney Scott Hamblin today.
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