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Most parents want to do everything they can to provide their children with a loving and safe environment where they can grow and thrive. This is true even when divorce or separation complicates their feelings toward their children’s other parent. While most parents want to work together to find a custody arrangement that benefits the well-being of their child, sometimes child custody matters can become complex, especially when addiction, abuse, and other factors are involved.
At Grant, Miller & Smith, LLC, we know about the pain, stress, and frustration parents experience when they believe their child may be in danger due to drugs, alcohol, abuse, neglect, and other issues. Issues like these and others, like parental relocation, complicate St. Louis child custody matters and may leave you and your family feeling helpless and vulnerable. Our experienced child custody attorneys have the skills and resources to help you manage challenging custody situations and work with you to achieve the most favorable outcome possible.
If you live in the St. Louis area, contact our office immediately to set up a confidential case review to discuss your situation and learn what we can do to support your family.
A complex child custody situation describes a legal scenario where a child custody case faces significant obstacles that make reaching a speedy or peaceful resolution more challenging than usual. Situations that may lead to a complex child custody situation in St. Louis include:
These and similar issues can stall productive child custody discussions and cause stress and frustration for parents and children alike.
Child custody arrangements in Missouri are not black and white. There are several different possible arrangements. Child custody is a blanket term that refers to two legal distinctions: legal and physical custody. Legal custody refers to a parent’s ability to make significant decisions on behalf of a child, while physical custody refers to the parent the child lives with most of the time.
Child custody is further divided into joint and sole arrangements. Joint agreements mean both parents are involved in raising a child, whereas sole arrangements mean one parent is primarily responsible for the child’s care and raising. Missouri judges recognize the importance of allowing both parents to build a meaningful and loving bond with their children, making joint custody arrangements common.
St. Louis judges evaluate child custody situations based on the best interests of the child. The goal of this standard is to focus on the primary needs of the child and craft a custody and parental visitation schedule that benefits the physical, mental, and emotional needs of the child. Factors a judge can use to help determine that the arrangement is in the child’s best interest include:
The child’s wishes can be considered if the child is old and mature enough to express a preference. A judge may also consider other relevant factors as they see fit.
While courts value allowing a child to build and maintain a healthy relationship with both parents, in complex child custody cases, relocation, addiction, or abuse may not make that goal possible.
A parent with a history of neglect or abuse risks losing custody and visitation rights because allowing a child to have a relationship with that individual may pose a threat to the health and safety of the child. In some situations, a parent can have their parental rights terminated if they have sexually abused a child, engaged in severe or prolonged child abuse, abused or neglected other children, suffering a long-term issue with drug or alcohol addiction.
A parent can seek sole custody of a child if they can prove to the court that the other parent’s history of abuse, neglect, or addiction poses a danger to the child. It is not enough to present the court with suspicions of allegations – you must have solid evidence that the other parent’s actions or behaviors could harm the child if they continue to have contact with the child.
In a complex child custody case, the best way to seek sole custody is to:
An attorney can advocate for you and your child and gather and preserve the evidence needed to demonstrate the other parent may be unfit for custody or visitation.
There are many reasons a parent may wish to move or relocate. Sometimes, a job change or promotion means moving to a new location. Sometimes, a parent wants to find a fresh start in a new place or believe a move would benefit them and their child. However, relocation can turn an otherwise-typical child custody case into a complex legal situation. In Missouri, relocation involves changing the child’s principal living situation for 90 days or more.
If a parent wishes to move out of state with a child, they must consult the other parent. If both parents agree that it is in the child’s best interests, they can modify their custody order or visitation plan and proceed with the move.
Relocation becomes complicated if a parent disagrees and does not want the child to move. A parent cannot relocate the child’s primary residence without notifying the other parent 60 days before the move. A parent can then file a motion to prevent relocation. Before ruling on a proposed new parenting plan, the court intervenes and must establish the child’s best interests and how a move could impact the relationship between the child and each parent.
Missouri courts recognize that circumstances change, and custody orders may need adjustments. For this reason, a parent can seek a modification if they can prove a substantial change affecting the child’s well-being. Common reasons include a parent’s relapse into addiction, evidence of abuse, or a planned relocation that was not previously addressed. As always, the court will prioritize the child’s best interests and require clear evidence before altering an existing order. Parents seeking modifications should document changes, maintain stable environments, and consult an experienced St. Louis child custody attorney to present a compelling case.
At Grant, Miller & Smith, LLC, our child custody lawyers strive to protect you and your child. No matter how complicated the case is, we are ready to advocate for your family. Contact our office today and set up a consultation with a St. Louis child custody attorney.