Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana Child Custody Attorneys

Focused on the Best Interests of the Child

In matters of child custody, Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana law focuses on the best interests of the child. Courts look at the facts of each case and consider a series of factors, including the child’s relationship with each parent, the child’s home situation, and, if the child is old enough, the child’s wishes.

In Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana, courts consider both physical and legal custody:

• Physical custody: Physical custody is where the child will live. Physical custody can be called joint or sole custody. If custody is roughly proportionate, most courts call it joint physical custody. Where custody is more dispassionate, one parent has sole physical custody with the other parent having temporary custody and visitation rights. In joint physical custody cases, the court selects a residential parent for school and mailing purposes.
• Legal custody: Legal custody is the power to make major decisions in the child’s life. These include decisions about education, health care, and religious upbringing. Courts prefer to give parents joint legal custody unless there are special circumstances, like alcoholism, drug use, the parents being unable to co-parent effectively, or family violence.

Please note in Illinois, however, the term “child custody” is not used.  In Illinois, courts call it “allocation of parental responsibilities.” Each parent is “allocated” decision-making power by Illinois courts on important decisions, including health, religion, education, and extracurricular activities. Some parents find it hard to communicate well and this new rule allows parents to still both be involved in the life of their child even if communication is not effective.

The Role of the Guardian Ad Litem

Guardians ad litem are often appointed by the court when abuse or neglect is suspected, but they can also be appointed at a judge’s discretion. When appointed, they conduct an in-depth investigation of the family situation and issue a report to the court. Judges take the guardian’s report seriously.

For this reason, it is critical to put your best foot forward when working with a guardian ad litem. Make sure you have the right attitude both in the courtroom and outside of it. Avoid causing fights or disruptions, saying inflammatory things, or engaging in name-calling. Make a positive impression by showing patience and common sense.