Child Custody & Support

Child Custody Attorney Lake Ozark, MO

Going through a separation or divorce is often difficult, and it becomes even more so when children are involved. Support and child custody issues are not only emotionally taxing but can be legally complex as well. As a parent, you’re no doubt worried about providing your children with a stable and supportive environment during a major life transition, even as you yourself are likely feeling overwhelmed by a new and unfamiliar process.

At Martin & Birdsong, we understand what you’re going through and want to help. We’re here to assist you during this challenging time, protecting your parental rights and helping you care for your children. Contact us today for an initial consultation with a child custody attorney serving Lake of the Ozarks, and Columbia, MO, and let’s discuss your concerns together.

The Parenting Plan

Under Missouri law, spouses who have shared minor children must submit a parenting plan to the court when they dissolve their marriage or legally separate from one another. It is a written document that establishes how the parents will care and provide for their children and must be in those children’s “best interests.” The parents must submit the plan to a court for review; once approved, it becomes legally binding. The parenting plan establishes rights to custody and parenting time, decision-making, and child support. It also includes provisions for resolving disputes.

The goal of the parenting plan is to allow parents to collaborate on what’s best for their children, putting the needs of the children above those of the parents. Its goal is to encourage the continuance of the parent-child relationship for all involved parties, to avoid disagreements, and to provide guidelines to resolve future problems.

What is Child Custody?

Child custody involves the right to decide where a child will live and to make major decisions regarding their upbringing. In Missouri, custody is divided into two main types: physical and legal.

Physical custody refers to where the child lives, and it can be split between both parents (joint physical custody) or assigned to one parent (sole physical custody). Legal custody means giving a parent the right to make important decisions about the child’s life, such as those related to education, healthcare, and religious upbringing. Legal custody can also be joint legal custody or assigned to one parent as sole legal custody.

When both parents share either type of custody, it is called joint custody. Joint custody doesn’t always mean a 50/50 split. Instead, it means that both parents are actively involved in their child’s life, sharing the burden of caring for the child and making decisions about what’s best for them. The Missouri statute that governs custody, Missouri Revised Statute 452.375, states, “There shall be a rebuttable presumption that an award of equal custody or approximately equal parenting time to each parent is in the best interests of the child. Such presumption is rebuttable only by a preponderance of the evidence in accordance with all relevant factors.”

Types of Child Custody Arrangements

Missouri courts focus on the child’s best interests when making custody decisions, considering each case unique. Sole custody arrangements are where one parent has primary custody (physical, legal, or both) while the other parent may have visitation rights; this is often granted if one parent is unable or unfit to provide care.

In joint custody, both parents share responsibilities, though this does not necessarily mean an equal split in time; one parent may have the child during the week, while the other takes weekends or holidays, allowing both parents to stay involved.

A less common arrangement is bird’s nest custody, where the child remains in one home, and the parents take turns living there. This setup creates stability for the child, though it is usually temporary due to practical challenges.

What Do Courts Consider When Determining Custody?

In Missouri, courts prioritize the child’s best interests when making custody decisions. Under state law, courts must consider the following factors when determining what that entails:

The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
The child’s adjustment to the child’s home, school, and community. The fact that a parent sends his or her child or children to a home school or FPE school shall not be the sole factor that a court considers in determining custody of such child or children;
The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence as defined in section 455.010 has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;
The intention of either parent to relocate the principal residence of the child; and
The unobstructed input of a child, free of coercion and manipulation, as to the child’s custodial arrangement.

What is Child Support?

Child support is a payment from one parent to the other to help cover the costs of raising a child, including essentials like housing, food, healthcare, education, and activities. In Missouri, both parents share financial responsibility for their children, but the parent with less physical custody usually pays child support to the other. This payment helps maintain the child’s quality of life and makes sure they have what they need, even if the parents are no longer together.

How is Child Support Calculated?

Missouri calculates child support using a standard formula that considers several factors, including:

Each parent’s income
The number of children
Health insurance and medical expenses
Daycare or childcare costs
The custody arrangement (how much time each parent spends with the child)

Child support is not set in stone and can be modified if circumstances change in the future, such as shifts in income, health issues, or other factors affecting the child’s needs. In such cases, the court may modify the dollar amount to better fit the current situation.

Modifying Custody and Support Orders

Life changes, and family needs can evolve over time. Missouri allows parents to modify child custody and support orders if there is a significant shift in circumstances, or if the child’s best interests necessitate a change in parenting time to each parent. Common reasons for modification include:

Job status or income changes, where an increase or decrease in a parent’s earnings affects how much they can afford to pay
Changes to a parent or child’s medical needs
A relocation that changes where the child lives or how much time they spend with the noncustodial parent
A parent is not meeting the child’s needs, and it would be in the best interests of the child to change the parenting time schedule

A parent must file a motion to request a modification. The court will then evaluate whether the change benefits the child’s best interests.

Minor Guardianship

There are instances where it becomes necessary to protect a minor loved one, if their current custodian is unfit, unwilling or unable to care for them at this time. Missouri courts allow an adult person to file for letters of guardianship, allowing them to have custody of the minor needing protection, as well as a court order allowing them to make the health, education and welfare decisions for the minor child or children.

The child custody attorneys of Martin & Birdsong have handled hundreds of guardianship cases. One of our experienced attorneys can talk you through the process and take the steps necessary to protect the minor in need of suitable custodian. It is also possible to get emergency and temporary orders in place if necessary.

When Should You Consider Legal Help?

Child custody cases can be challenging, especially when co-parents disagree on matters of fundamental importance. An experienced family law attorney can provide the guidance and support you need during these difficult times. Whether you’re establishing a new custody arrangement or seeking to modify an existing order, a child custody lawyer can advocate for your family’s best interests and help you navigate the legal process.

At Martin & Birdsong, we assist families in Lake of the Ozarks and Columbia, Missouri and the surrounding counties, including Miller, Morgan, Moniteau, Camden, Laclede, Cole, Boone, and Callaway County. Our MO child custody lawyers understand Missouri’s family laws, and we are here to support you with care and compassion through the complexities of custody and support cases.

Contact Martin & Birdsong to Speak With a Child Custody Attorney in Missouri

Are you a parent who’s going through a divorce, separation or child custody modification in the Lake of the Ozarks, MO, area? Do you already have a parenting plan but need to modify it in some way? If you answered yes to either question, the child custody attorneys of Martin & Birdsong are here to help. We’ve been representing families across the Mid-Missouri region for a decade and a half, providing them with the support and guidance they need to solve life’s most challenging problems. Let us review your situation during a confidential case evaluation, advise you on your options, and empower you to assert your rights. Contact us today, online or by calling 573-412-5023, to speak with a compassionate child custody and support lawyer serving Columbia and Lake of the Ozarks, MO.

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