Child Custody in Kansas City, MO
We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Kansas City, Missouri professionals that will help you fight for your rights as a parent.
What Is Child Custody?
When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Kansas City, MO not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.
Types of Child Custody Arrangements in Kansas City, Missouri
There are three main types of arrangements that can occur. These include full custody, sole custody, and joint custody. In Missouri, the Family Court handles child custody proceedings. If you live in Kansas City, you will typically have your case heard by the Family Court of the 16th Circuit Court of Jackson County.
What Is Full Custody?
In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing. As well, they have control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.
A Kansas City court will use the criteria outlined in the Missouri Statutes to determine whether full custody is in the best interests of the child. The factors considered include the child’s wishes, and the needs of the child for a meaningful relationship with each parent. Additionally, the child’s adjustment to home, school, and community, as well as any history of domestic violence will be deemed relevant. The fact that a parent sends the child to a home school shall not be the sole factor that the court considers.
Modifications to a custody order in Kansas City can be requested using a Motion to Modify Child Custody. The other parent can either add stipulations to the modifications or contest them. If contested, the requesting parent must prove that the change is required.
Even when children only live with one parent, the other parent still has the opportunity to be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.
What Is Sole Custody?
Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.
In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. Missouri state laws vary on what might result in parental termination.
What Is Joint Custody?
Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families in Kansas City, Missouri also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.
In Kansas City, Missouri legislation does not create a presumption that joint custody is in the best interests of the child. However, it does state a policy that a child should have meaningful and continuing contact with both parents. In addition, both parents should participate in decisions involving the health, education, and welfare of their children. The exception to this policy is when there are issues of child abuse or neglect.
In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.
The Factors Courts Consider When Making a Decision
In Kansas City, Missouri full custody is often awarded when one parent isn’t able to contribute to the responsibilities with raising the child. For example, if a parent is physically incarcerated, doesn’t have financial stability, or is involved in situations that may potentially hurt the child, the court may grant one parent full or sole custody due to the circumstances.
On the other hand, joint custody is often provided to the parents. Both parents assume the responsibilities that are required to raise a healthy and happy child. Both parents need to be able to work together to maintain consistent communication and follow the directions of the court. Sometimes parents do not work well together. Then the court is sometimes more likely to award one parent the majority of the parenting time to reduce friction.
With Kansas City joint custody cases, both parents need to coordinate resources and activities to support the needs of the child. The situation of your custody arrangements might vary. There may be supervised custody arrangements for one parent. Another option is a public meeting place for the child to be picked up and dropped off with the other parent.
The Basics of the Child Custody Process
Custody arrangements in Kansas City, Missouri are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents are able to come together to find a solution that works well for the child. Oftentimes without needing to involve the court system.
Mediation is not statutorily required in Missouri custody cases. However, many Missouri Courts require parents to attempt mediation before beginning litigation. Jackson County’s Family Court Resources Services provides mediation services free of charge for parents involved in custody disputes in Kansas City. Alternatively, a private mediator can be hired by the parents. If the parents can’t agree on all aspects of custody, even a partial agreement can simplify and shorten the trial process.
Working with a Kansas City custody lawyer as a mediator can help to advise you on the best type of custody arrangement that would work for the unique requirements and needs of your child. Hire an experienced child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.
Work With an Experienced Kansas City, Missouri Child Custody Lawyer
A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. A Kansas City lawyer that specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.
Hire a dedicated and passionate child custody attorney in Kansas City, Missouri. Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely. If you’re looking to hire an experienced child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.
The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Missouri state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
