Knowing the 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 Resolved
Typically, these 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.
Examples of 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.
Shared 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.
