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.Â
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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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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