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.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice with him at your side. Scott was able to get a fair and equitable decision in my case and he will most certainly do the same for you if necessary. His knowledge of the law and experience from every case he has ever tried were…
I originally hired a family attorney in Columbia, who said he would fight to keep my rights with my young daughter. After a month, this Columbia attorney stated that I should just settle and do 50/50 custody with my daughter's biological father. I was not satisfied with this response so I hired Scott Hamblin instead. He informed me that it could be a long battle, but it would be worth taking to court and not settling at 50/50. HE WAS RIGHT!!! Scott kept me informed every step of the way and fought for me in the court room. I will…
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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