history of how mothers used to routinely get preferential treatment
as compared with fathers in child custody cases, a father hoping to
obtain primary or at least shared physical custody may feel scared
that this happen to him. However, Missouri state law now strongly
encourages divorcing parents to work out a shared custody arrangement
if possible. A divorce law lawyer in Lee’s Summit, MO can provide
legal representation in this type of case.
How Cases Are
cases are resolved through mutual agreement, or through collaborative
or mediation processes to help the parents negotiate. If they refuse
to compromise, the case can be brought before a judge. Family court
judges in Missouri are supposed to consider the best interests of the
child in these decisions, and now generally prefer to see both
parents fully involved in the children’s lives.
Today’s Family Court Considerations
These judges are
not supposed to use preferential treatment for any other aspects
aside from the best interests of the children. That includes gender
or financial status of either parent. Fathers cannot be viewed as
intrinsically less nurturing and available compared with mothers,
which traditionally was a strong consideration in the decision-making
process. Now, a divorce law lawyer in Lee’s Summit, MO works to show
the court why the father is just as suitable as the mother for having
primary physical custody or at least shared custody.
The judge may
have an opinion about whether one parent should be granted primary
physical custody because that person is more likely to be liberal
with visitation. Perhaps one of the parents has a history of blocking
attempts by the other to spend time with the youngsters. This makes a
negative impression in court.
Physical Custody Arrangements
Shared physical custody sometimes is almost exactly 50/50, but it’s usually difficult to arrange this so precisely. An organization such as Dana Outlaw Law Office and the other party’s attorney can help the clients develop a shared schedule that works well for everyone (especially the kids) so the children are able to spend considerable time with both parents. You can also visit them on Facebook.