Deciding to divorce is a difficult and emotional process, often made more complex when children are involved. One of the most pressing questions during this time is: Who gets custody of the children while the divorce is pending? Understanding the nuances of Missouri’s family law can make this transitional period less stressful for all involved. This blog aims to shed light on this subject to help you make informed decisions.
In Missouri, a parent may request a temporary custody order, sometimes called a “pendente lite” order, which is a temporary custody arrangement to establish a custody schedule for the children to spend time with the parents while the divorce proceedings are ongoing. It’s highly recommended that you consult a family law attorney to help navigate this complex process. Local Court Rules apply as do the Rules of Evidence.
When establishing temporary custody, the court takes into account several factors:
Any form of misconduct like substance abuse, neglect, or violence will adversely affect your chances of getting temporary custody. Always remember these temporary orders can set the tone for final custody arrangements, making it imperative to consult a family law attorney.
Once a temporary custody order is in place, modifying it can be challenging, but not impossible. To do so, one must prove a significant change in circumstances and that the modification is in the child’s best interests. Again, professional legal guidance is crucial at this stage and can be sought here.
Remember, temporary custody orders are just that—temporary. They’re put in place to offer a sense of stability and routine for the child while the divorce is being finalized. However, the court may revisit these orders and make changes during the final divorce proceedings. It’s crucial to adhere to temporary orders faithfully, as failing to do so can negatively affect the final custody determination.
In many cases, Missouri courts lean toward shared custody arrangements during a pending divorce, allowing both parents to be actively involved in the child’s life. However, in cases where one parent is proven to be unfit or where shared custody is clearly not in the child’s best interests, sole custody may be awarded.
Understanding custody matters during a pending divorce can be challenging, but being well-informed can significantly ease this difficult time. Temporary custody arrangements set the tone for final divorce and custody proceedings, making it essential to consult a family law attorney in Jefferson City who can guide you through this complex process.
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.
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For accessible and experienced representation, contact attorney Scott Hamblin today.
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