There are times when parents feel that avoiding the family court system is in the best interest of their family. Avoiding court saves them time and money, and a handshake agreement between parents seems like enough to reach an agreement on child custody arrangements. Unfortunately, this arrangement seldom works out as parents expect, and when issues arise, there is no formal court order outlining each parent’s rights and responsibilities.
Can one parent keep a child from another parent in Missouri? Legally, no. Child custody issues can get muddy without a court order.
Without Court Orders, Can One Parent Keep a Child from the Other Parent in Missouri?
Seeking a formal child custody agreement through Missouri courts can seem like an overwhelming prospect, especially when it seems that you have a good working relationship with the child’s other parents. However, circumstances can change, and a once amicable child custody arrangement can turn sour and messy. This is an issue because, in Missouri, one parent cannot legally keep a child from seeing the other parent without a court order.
The state recognizes that both parents have equal rights to a child unless a court intervenes to say otherwise. That means that each parent has the right to physical custody of the child and can make vital decisions on behalf of the child concerning medical care, education, and religious upbringing. Unless the court has ordered it to be so, one parent cannot unilaterally make decisions for the child or prevent the child from seeing the other parent.
Additionally, withholding access to a child without a court order can have significant legal implications. According to Missouri law, a parent who removes, detains, or conceals a child without good cause and with the intent to deprive the other parent of custody can face charges of parental kidnapping.
Depending on the circumstances of the situation, parental kidnapping can range from a Class E felony to a Class B felony offense, which means potential fines and imprisonment. A conviction can also mean that in addition to or in lieu of a sentence and fines, the court can assess restitution that would be paid to the other parent. Generally, that means the convicted individual is responsible for any reasonable expenses incurred by the other parent in searching for or returning the child.
How Does a Court Order Protect Families?
If you are seeking a divorce or are unmarried and have a child, it is vital you establish a legally binding child custody order. A child custody agreement serves as a guide that outlines each parent’s legal rights and responsibilities to the child in terms of custody, parenting time, visitation, and child support obligations. When there is an issue between parents, having an official court order protects you and your child and allows the court to intervene to resolve disputes.
With a court order in place, it may be possible to keep one parent from allowing the child to see the other parent if the court determines that seeing the other parent is not in the best interests of the child.
Contact a Missouri Child Custody Attorney
The best way to protect your child and your rights is to consult an experienced family law attorney with Grant, Miller & Smith, LLC. Our legal team will advocate for your family and find solutions to your child custody dispute.
Contact our office now to arrange a confidential consultation to discuss your situation.