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.
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers.…
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…
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…
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…
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 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…
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.…
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized…
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…
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…
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.
For accessible and experienced representation, contact attorney Scott Hamblin today.