Child custody is one of the most litigated issues in any divorce because there is rarely anything more important than a parent spending time with his or her child. The idea of spending every day caring and raising a child to now potentially seeing a child a few days a week is emotionally devastating, frustrating and infuriating. Scott Hamblin has spent more than twenty years fighting for the rights of his clients in Jefferson City and throughout courts in mid-Missouri. When choosing a lawyer, it is important to select an attorney who is experienced in family law matters willing to figure out your rights. Scott has a reputation for aggressive and thorough representation.
Almost every parent is willing to fight for custody of their child. But, there are some circumstances that may exist that may necessitate litigating a child custody battle:
Many children in a divorce have never experienced abuse. But, there are a number of other factors a court will consider in deciding a child custody schedule besides abuse. The circumstances that a court may consider in deciding child custody are numerous. Courts are required to determine child custody in accordance with the best interests of the child; however, the “best interest” of the child does not necessarily mean what parents want or what the child wants, but rather all relevant factors affecting child custody. Courts are required to follow the laws in Missouri, even if though laws sometimes seem to contradict common sense. It’s not enough for a parent to want custody; wanting custody is only one factor for a court to consider in deciding child custody. The factors that a court is required to consider in awarding child custody are set forth below:
The Missouri General Assembly has declared that it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child. Consequently, there has been a trend among courts in recent years to award parents’ joint physical child custody, which has resulted in the parents sharing equal parenting time. Of course, any number of different circumstances may affect a child custody determination, including a parent’s bond with a child, substance abuse, domestic violence, geographic distances, and work schedules. A parent’s infidelity can also affect the outcome of child custody.
Scott has litigated numerous child custody cases in over twenty years practicing family law. There are different types of child custody that parents may agree to or that a judge can award after hearing evidence at a trial. Child custody can mean joint physical custody, joint legal custody, sole physical custody, sole legal custody, and third-party custody. Some of those terms are more specifically defined as follows:
“Joint physical custody” means the parents have significant, but not necessarily equal, periods of time during which a child resides with each of the parents.
“Joint legal custody” means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child.
“Third-party custody” means that neither parent is awarded custody, but that some other person is awarded custody of a child such as a grandparent.
There may be a number of reasons why a court may determine that a child is served by awarding third-party custody to someone other than the biological parents. There are circumstances that happen in life where the parents are unwilling to be parents. The parents may be more interested in doing other things than caring for a child. Parents may be unable to care for a child because of their addictions, substance abuse, financial limitations, or simply immaturity. Other parents may suffer from a disability or incapacity.
A person seeking third-party custody must be a party to a divorce. A court cannot award a person third-party custody unless they are a party. There are a number of considerations in determining whether or not to pursue third-party custody. We have the experience to assist you in evaluating pursuing a claim for third-party custody and then pursuing that action. There are also considerations for parents in a divorce when someone else is seeking third-party custody of their child.
Divorce decrees reflect the needs of both parties and their shared children at the current time in their lives. As the months and years pass, life can change. When the life changes are significant, they may result in one party requesting a modification to an existing court order. Modifications can be made to orders that include child support, child custody, spousal maintenance and visitation.
Would a modification of child custody or visitation be in the best interests of the child or children? A modification may involve the custodial parent relocating with the children, changes to the visitation schedule or even changes in primary custody.
We handle child custody cases whether in a divorce, guardianship or adoption. Scott is a partner with the law firm of Brydon Swearengen & England. Our lawyers have more than 200 years of combined legal experience. We utilize all the legal experience of our lawyers to achieve the best results for our clients.
Call our office today to schedule an appointment to discuss your divorce, child custody or family law case. You can call us at (573) 821-4013 to schedule your appointment.
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.
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.
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 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…
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.
We had a very unique case. It was confusing and complicated. Scott stepped in, helped and guided us on our journey. He was knowledgeable, professional and very honest with us. I highly recommend him if you are put in a circumstance where you need an attorney. His integrity is amazing. The entire firm was wonderful…
Scott Hamblin is reliable, trustworthy, very professional, and hardworking. I highly recommend him for any of your lawyer needs.
I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin…
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
Mr. Hamblin succeeded in winning a child custody modification case for me that most lawyers I spoke with wouldn't even take on. Many told me that modifying a child custody agreement was nearly impossible. Due to the changes at my children's Father's house and the toll it was taking on their mental health, my children…
Scott is a very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Children's Division. When he became the adoption lawyer for Cole County Children's Division in 2007 my husband and I were one of the first to use him to become adoptive parents…
Scott is a great lawyer, will do what he says! He will work his tail off for you. It was a long 2 year divorce, but I am so glad he was representing me. Very fair and doesn't overcharge for his services. I can now say he is my friend, not only my attorney.
Scott did a great job handling our custody case. He fought for us every step of the way and got things done quickly. He even refunded over half of our retainer because he got the case handled quicker than expected. I would recommend him to anyone.
Scott Hamblin is a great lawyer. He has assisted me in my divorce and custody issues over the past three years. He is easy to work with and has always kept me informed/involved in my cases, as they progress.
If I ever again need any legal advice, I will ask Scott Hamblin every time. Scott was my divorce/child custody attorney. I was extremely happy with him. He cares about his clients and always called in person. He made the almost impossible come true for me! That's how great of an attorney he is. Thank…
He went above and beyond to get me all the help legally available in each situation, and he did so with a kind and calming demeanor. His efforts also included being logical about the use of my funds in these matters. I have never before met a lawyer who gives refunds if he does not…
Scott Hamblin was originally suggested to me for adoption, but I was so impressed I also used his services for future adoptions, name changes and all family law matters since meeting him.
We were forced to hire an attorney when my childrens’ absentee father decided that he suddenly wanted to file for joint custody. After my consultation we decided Mr. Hamblin was who we needed. He was straightforward about all of the possible outcomes, and what we could and couldn’t do. He knows the law very well,…
Scott represented me on a matter that was small, but very important to me. Scott was professional, honest and informative every step of the way. Even though my case was a small one, I never felt any less than his most important client whenever we met or had court appearances. I am absolutely certain that…
Scott was a great lawyer and turned into a friend. He does everything he says he will do, and he works his tail off for you. He would call me at night, and on weekends, not a lot of lawyers will do that. My divorce took over 2 years, I am so glad I switched…
Scott is a great attorney to have on your side. He has helped my family more than I could of ever expected. Thanks again. I would recommend Scott to anyone!
Mr. Hamblin was a step ahead of my every concern. A divorce can be so scary but to be honest I didn't find myself worrying over the process. He didn't miss a detail and gave me so much confidence in his advice. He went above and beyond my expectations. His understanding made me feel like…
Scott helped us with all 3 of our adoptions and it was amazingly painless, they did all the foot work for us and handled everything very professionally! We are so pleased and our family is complete!
Scott finalized an adoption and guardianship for us in 2016. He went above and beyond and made sure during and after it was done that we had the documents we needed. He also got are new birth certificates very timely.
In 2005, I looked for a lawyer that would help in a criminal case. I found Scott Hamblin. He helped with this matter and was always professional, respectful, and straight to the point. He was always prepared for court and on time. Again in 2012, I needed help for a child custody matter and I…
I have used Scott Hamblin’s services acting as power of attorney for my son who is a soldier deployed. Thanks to Mr. Hamblin, he ensured that we received visits with our granddaughter, who was only two weeks old when our son left to fight for our country. These visits allowed our son to communicate via…
I used Scott Hamblin’s services for a modification in custody. Mr. Hamblin was very pleasant to talk with and very informative. He was very up front with what it would cost and what we could expect. The most impressive part of our case was that Mr. Hamblin got right on it. Our issue was resolved…
Scott is always professional but always keeps you at ease. Scott is one of a few attorneys that know all of the adoption laws, and that makes us feel so relaxed and self assured that he will represent us and get the job done without any mistakes. When it comes time for the adoption date…
For accessible and experienced representation, contact attorney Scott Hamblin today.