Child Custody and Visitation Laws
Laws are slowly changing. More states are recognizing a presumption of shared parenting. This presumption means that parents share physical custody of their children. Usually, on parent is identified as the residential parent for school and mailing purposes. However, visitation is shared according to a detailed parenting plan with both parents receiving significant time with the children.
If courts award sole physical custody, the parent with custody is generally considered to be the residential parent. Sole custody is often awarded in situations involving a history of family violence, mental instability, drug addiction, alcohol abuse or where the parents are unable to get along.
When these factors are present, courts sometimes require supervised visitation, which takes place in the presence of a responsible adult appointed by the court for the protection of the child. It can be difficult to terminate supervised visitation because parents wishing to do so must show proof of treatment and rehabilitation. This can be challenging to demonstrate.
For this reason, it is critical to take supervised visitation seriously. At Stange Law Firm, PC, we talk with our clients about their options and advocate forcefully for them. Whether we are protecting children from potential abuse or protecting the relationships between parents and their children, we work hard to achieve the best possible results.
We Handle All Visitation and Child Support Matters
Under the Missouri child support guidelines, non-custodial parents receive a ” visitation credit” for the amount of overnight visitation they handle. Certain numbers of overnights can help to reduce the child support obligation.
Because of this child support is often a factor to be considered when divorcing parents are determining child custody and visitation. At Stange Law Firm, PC, we take everything into account when we handle your child support case. Our work includes implementing successful legal strategies, like making sure that the amount of parenting time you receive is right for you and your children. If you have already received an adverse child custody judgment, Stange Law Firm can represent you in the filing of an appeal.
Grandparents often face an uphill battle to gain visitation with their grandchildren due to legal requirements. The court will grant grandparent visitation only if it is in the child’s best interest. A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development.
Like with other custody cases, the court may appoint a guardian ad litem to help determine the best interest of the child. A guardian ad litem is an attorney appointed by the court to represent the child. The recommendation of the guardian is often key in these cases.
If you want to learn more about visitation, we have written an articles that may help: Visitation schedules can create more balance between parents and Use of Virtual Visitation Increasing.
Contact an Attorney Today in Missouri, Illinois, Kansas, Oklahoma, and Nebraska
To learn more about visitation, contact us online or by phone to schedule a confidential consultation. You can visit any of our convenient locations throughout the Midwest in cities such as St. Louis, Chicago, Kansas City, Springfield, Columbia, Wichita, Topeka, Oklahoma City, Tulsa, Omaha, Lincoln.