Earlier this month, Governor Nixon signed House Bill 1550 into law which provides for changes that will affect child custody related to divorce, legal separation, paternity and Judgments. This law had been referred to by some people as a “Father’s Rights’ Bill.” The law does not expressly afford fathers any more rights than mothers, but the law does appear to start each parent out on equal footing in addressing child custody.
One of the law changes prohibits courts from adopting any local court rule, or even from continuing a practice, that creates some type of standard schedule for temporary child custody orders or standard schedule for a judgment. While the law does not discuss the type of practice or default schedule it is designed to prevent, some courts in mid-Missouri did have local court rules that could be used as authority to award a parent custody of a child and provide the other parent, often called the “non-custodial parent,” some type of alternating weekend schedule. From a practical perspective, many courts in mid-Missouri had moved away from using local court rules to establish child custody or visitation schedules. Many, but not all, courts in mid-Missouri had already moved away from the practice of affording one parent significantly more time with the child than the other parent.
Notably, the law change does not require that a court order an equal child custody schedule. Rather, notice must be provided to the parents and opportunity for a hearing before the court can make some type of custody schedule. This means that parents will still have to appear in court and present evidence in support of the reason for his or her particular request for custody. While many courts in mid-Missouri have been moving toward a philosophy of equal custody, the parents themselves will have to appear in court and be prepared to argue for equal custody, or alternatively, present evidence why the court should not award an equal custody schedule. A custody battle does not seem to suggest a harmonious co-parenting environment after the divorce. But there are arguments that by allowing parents the opportunity for equal custody, that such a schedule may eliminate one parent from abusing his or her “control” over the other parent.
The law change does not prevent the court from creating a temporary child custody schedule. The law change also does not prevent parents from reaching an agreement as to child custody and a particular schedule. Parents still have the ability to decide their own custody schedules which remain subject to the approval of the court.
Scott Hamblin regular practices in the area of family law including divorce and legal separation, paternity, and adoptions. Please contact us to learn more about our legal services.
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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.
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10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
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Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
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