When a couple chooses to divorce, one of the first questions asked is, “Who will get custody of our child?” Sadly, child custody is one of the toughest and most litigated issues in any divorce.
The best way for parents to handle custody of their child is to work together to make an agreement they can both support. The parents will avoid a long, expensive court battle, and it will spare their child from additional emotional turmoil. When parents are unable to reach an agreement regarding child custody, then a court must decide the outcome.
As in most states in the U.S, Missouri’s child custody laws follow the standard of what is in the “best interests of the child.” Each parent has an opinion about what is in a child’s best interest; however, what a parent believes or wants is only one factor that a court must consider. The court considers many different factors before any decision is made about child custody.
In family and custody law, the state of Missouri attempts to give each parent a completely unbiased chance at obtaining custody rights of their child. Missouri does not give preference to mothers. Missouri does not give preference in child custody decisions based upon the age or sex of the child.
According to Missouri child custody law, the court can consider several different types of custody arrangements. Again, the ultimate goal is to do whatever is in the best interests of the child. Some of the different types of custody are:
Both parents have an equal say in all matters regarding how they will raise their child. This can include decisions on education, health, religious beliefs, and other issues that affect the welfare of the child.
Physical custody determines the amount of time the child lives with each parent each year. It may not necessarily be equal amounts of time to be considered joint.
Joint legal custody to both parents with sole physical custody to one parent
Joint physical and legal custody to both parents
Joint physical custody to both parents and sole legal custody to only one
When one parent is awarded sole custody, the other parent is given visitation rights. Sometimes it’s necessary to have supervised visitation if there were instances of neglect or abuse.
Do not engage in verbal or physical confrontations with the other parent or your child at any time. Avoid talking to anyone negatively about the other parent, especially mutual friends. Don’t post anything online, in an email, text message, or anywhere else that you would be ashamed or embarrassed for a judge to hear or read.
If at all possible, refrain from dating and do not introduce a new love interest to your child during custody proceedings. Do not use the child as a pawn between you and the other parent. Above all, prove that you have the child’s best interest in mind first.
If you owe child support, pay child support on time. If you’re responsible for taking your child to a particular event, stick to your word. Do not neglect your responsibilities. You need to show you’re an active and vital part of your child’s everyday life and that you’ll provide continuity whenever possible. If you have an agreed-upon custody schedule or a temporary custody schedule, make sure you follow it. Do not ask the other parent or the court for time with your child and then fail to exercise that time.
You need to plan for how you intend to spend time with your child. You need to think realistically about the amount of time you can spend with your child and when you can actually exercise that time. You may have work commitments or professional responsibilities. Talk to your employer and see if your employer can provide you any flexibility in your work schedule. If your child is or will be attending school, you need to think about the arrangements you need to make to drop off or pick up your child from school. If you’re married and going through a divorce, you will most likely no longer spend holidays with your spouse. Think about a holiday schedule. Give some thought as to any holiday or special traditions you would like to continue
Divorce and custody cases are usually filled with animosity and a get-even mentality. Both parties are often filled with anxiety and nervousness. You need a lawyer who will keep you grounded while pursuing the best interests of you and your child.
Scott Hamblin works to provide reassurance to his clients. By explaining the process and the law, Scott will take the confusion and stress out of the case. At our firm, we provide a full support team to assist you. The goal is to work efficiently and save you time and money. If you and your ex are willing to work together, Scott can also assist with settlement negotiations and family law mediation to resolve situations without trial. This will provide a quicker and less emotional resolution for everyone, especially your child.
If you are unable to reach an agreement, then reach out and Scott can assist you in preparing for court and trial. Scott has more than twenty years of experience litigating cases. He has tried divorce and custody cases in numerous courts throughout Missouri.
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.
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 too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
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 as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
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 point. To say I’m ecstatic with his ability is an understatement.
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 are very thankful.
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 to us.
For accessible and experienced representation, contact attorney Scott Hamblin today.