Child Custody Lawyer Jefferson City

Child custody is one of the most litigated issues in any divorce. As a parent, I know there is rarely anything more important than spending time with your child. The thought of going from seeing your child every day to only a few days a week can be emotionally devastating. My mission is to fight for the rights of my clients in Jefferson City and throughout mid-Missouri. When choosing a lawyer, it’s crucial to select an attorney experienced in family law who will fight for your rights. I have built a reputation for aggressive and thorough representation, and I am ready to put that experience to work for you.

Clients We Assist

For more than 20 years, I have litigated family law cases in Circuit Courts throughout the state. As a former assistant prosecuting attorney, I gained substantial trial experience and use it to my clients’ advantage, both at the negotiating table and in the courtroom. I serve parents facing:

• Custody Disagreements: When you and the other parent cannot agree on where your child should live or how to divide parenting time, an attorney can explain your rights and help focus the conversation on your child’s needs.
• Relocation: If a parent plans to move a significant distance, an attorney can help you navigate the court approval process and establish a new parenting schedule that keeps both parents involved.
• Parental Alienation: When you believe the other parent is manipulating your child against you, a knowledgeable attorney can help you gather the necessary evidence to protect your relationship and pursue legal solutions.
• Outdated Custody Orders: If your existing custody order no longer works for your family due to a major change in circumstances, an attorney can guide you through the process of requesting a modification.
• Safety Concerns: In situations involving domestic violence, abuse, neglect, or substance use, an attorney can help you take immediate action to seek protective measures and ensure your child’s safety is the court’s top priority.

Child Custody and Family Law Attorneys Litigating The Best Interest Of A Child In Jefferson City, Missouri, and Mid-Missouri

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 the parents or the child wants, but rather all relevant factors affecting child custody. Courts are required to follow Missouri law, even when it seems to contradict common sense. It’s not enough for a parent to want custody; that desire is only one factor a court considers when deciding child custody. The factors that a court is required to consider in awarding child custody are set forth below:

1. The wishes of the child’s parents as to child custody;
2. The needs of the child for a frequent, continuing, and meaningful relationship with both parents, and the ability and willingness of parents to function as parents;
3. The interaction of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
4. Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent;
5. The child’s adjustment to home, school, and community;
6. The mental and physical health of all individuals involved;
7. The intention of either parent to relocate the child; and
8. The wishes of a child.

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, courts have in recent years trended toward awarding parents joint physical custody of the child, resulting in 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.

Types Of Child Custody: Family Law Attorneys Litigating Child Custody In Jefferson City, Missouri & Mid-Missouri

I have litigated numerous child custody cases throughout my time 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, though not necessarily equal, periods of time during which a child resides with each parent.
• “Joint legal custody” means that the parents share the decision-making rights, responsibilities, and authority regarding the child’s health, education, and welfare.
• “Third-party custody” means that neither parent is awarded custody, but another person is, such as a grandparent.

Third-Party Child Custody

There may be several reasons a court may determine that a child is best served by awarding third-party custody to someone other than the biological parents. There are circumstances in life when 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 several considerations when determining whether to pursue third-party custody. We have the experience to assist you in evaluating and pursuing a claim for third-party custody. There are also considerations for parents in a divorce when a third party seeks custody of their child.

Modification of Child Custody Rights and Visitation Rights

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 life changes are significant, they may prompt one party to request 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.

Child Abuse: Emotional, Physical Or Sexual Abuse Of A Child In Jefferson City And Mid-Missouri

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:

• Children may have been subject to abuse: emotional, physical, and/or sexual abuse. Missouri law prohibits a court from awarding a parent custody of a child if the parent, or someone living with that parent, has been convicted of certain types of physical abuse or sexual offense committed against a child. The child does not have to be a child of the parties for this prohibition to apply.
• In other instances, a court may exercise its discretion in not awarding a parent custody of a child if a parent has been convicted of other sexual-type offenses. Children may have also been victims of physical abuse, which may also prevent a court from allowing a parent to have custody, or at least unsupervised custody. Courts exist to help protect children.
• Children may have also suffered emotional abuse, which may prevent a court from awarding a parent custody of a child. Emotional abuse, however, is sometimes more difficult to prove than the physical injuries that can accompany physical or sexual abuse.
• Emotional abuse may stem from neglect or might be a product of a parent suffering from alcoholism or sexual abuse.

Why Parents Choose Me

Clients across mid-Missouri trust me because of how I work, not just my record. Here is what sets my representation apart:

• I listen. I gather the facts that matter and build a strategy around your specific goals.
• I give honest assessments. You will hear the risks and the benefits of your case, never empty promises.
• I fight when it counts. I do not rush a settlement unless it truly serves you, and I am prepared to take a case to trial.
• I bring real trial experience. As a former prosecutor with more than 20 years of courtroom experience, I know how to try a case.
• I offer firm resources. Through Brydon Swearengen & England P.C., my clients gain the support of a large, established office.

Protect Your Child’s Best Interests With an Attorney Who Fights for You

Custody disputes are among the most emotional and most litigated parts of any divorce. You do not have to face them alone. With the right advocate, you can protect your relationship with your child and your role in their life.

If you are facing a custody matter in Jefferson City or anywhere in mid-Missouri, contact my office to schedule a consultation. Let’s talk about your goals and how I can help you reach them.

FAQs About Child Custody in Missouri