St. Louis Family Law Blog

Will my request for a child custody modification be accepted?

On behalf of Law Office of Amy L. Gervich posted in modifications on Thursday, June 6, 2019.

It's very common for parents to be unhappy with the child custody agreement that is in place. Child custody agreements are designed to be in the best interests of the child based on the situation. Therefore, parents usually have to make compromises, and they will possibly be unhappy with some of the compromises that they have been forced to make.

If the current child custody arrangement is not working for you and your family, you may be wondering whether you can make a request for modification. You will only have the chance of successfully making a modification to the child custody arrangement if there has been a tangible change of circumstances since the last arrangement was made.

Dealing with false accusations in child custody battles

On behalf of Law Office of Amy L. Gervich posted in child custody and support on Friday, May 24, 2019.

Being involved in a high-conflict custody battle can be highly draining. No loving parent should have to fight to have a relationship with their child. The family law courts seek to find a solution that is in the best interests of the child, and they try to make it possible for the kids to have a good relationship with both parents. However, when one parent makes false accusations against the other, the situation can become more complex.

In the interest of safety, the courts will need to investigate any allegations made against a parent. For example, if the other parent of your child accuses you of being abusive, they will need to look into this because they want to ensure that the child is never exposed to an abusive environment. However, if no evidence of abuse is found, there would be no reason to prevent you from having custodial rights.

Completing an adoption home study successfully

On behalf of Law Office of Amy L. Gervich posted in adoptions on Thursday, May 9, 2019.

If you are going through the adoption process in the U.S., you will need to complete an adoption home study at some point. This can be concerning for many prospective adoptive parents, as there are many things that need to be prepared in order to be successful.

It is important that you understand what is involved in the adoption home study so that you can prepare mentally and physically. The exact process is likely to differ based on the organization or agency that you are embarking on the process with. However, the following are some key aspects that you should expect to prepare for.

What to do with your home in a divorce

On behalf of Law Office of Amy L. Gervich on Saturday, April 27, 2019.

You may have fond memories of the day you bought your family home. Perhaps you remember the feeling you had when you first stepped into the empty house. It felt like home, and you imagined raising your family there and growing old with your spouse.

Things change, and sometimes these changes are drastic. If you and your spouse are heading for divorce, you are certainly rethinking many of those fond memories. This is leaving you with difficult decisions as you and your spouse divide your belongings. With the house on the table during asset division, you will want to know your options and understand the potential consequences of your decisions.

Factors considered when dividing marital assets

On behalf of Law Office of Amy L. Gervich posted in property division on Friday, April 26, 2019.

In Missouri, assets divided during a divorce are subject to equitable distribution. This means that marital assets will not be automatically split 50-50 in the event of a divorce. If spouses cannot come to an agreement as to how assets should be split, the decision will be the responsibility of the courts.

The courts use certain information about the marriage in question and the specific situation to decide how assets will be distributed. They will seek to establish a distribution that is fair to both parties, even if it is not equal. The following are some of the factors that the courts will take into consideration when dividing assets.

Is a legal separation the right choice for me?

On behalf of Law Office of Amy L. Gervich posted in divorce on Friday, April 12, 2019.

If you are having difficulties in your marriage, you and your spouse may have decided to go through a trial separation for some time. This can be very beneficial to some couples because it allows them time and space to regain mental clarity. In many circumstances, it helps couples to work through their problems, but in others, it confirms that separation is a good idea.

If you and your spouse decided that a separation works for your situation, you will probably want to get the separation confirmed legally. Some couples decide to go through a divorce, but others would prefer not to do this for either religious or financial reasons. In this situation, they may go through a legal separation instead.

Understanding emergency child support modifications

On behalf of Law Office of Amy L. Gervich posted in modifications on Thursday, March 28, 2019.

Child support is necessary to help many parents get by financially. But while child support payments tend to be stable from month to month, the cost of raising a child is often tumultuous. This is why many parents find that they need to ask for additional financial support when they encounter a difficult financial situation.

It is possible to request a temporary child support modification in an emergency situation. In order to do so, you will need to show that there has been or will be a change in circumstances that warrants the need for additional financial support.

Understanding the 3 types of child custody

On behalf of Law Office of Amy L. Gervich posted in child custody and support on Friday, March 15, 2019.

If you have recently separated from the other parent of your child, it is likely that you are largely unfamiliar with the way that child custody works in Missouri. You will, however, want to make sure that your child does not suffer as a result of the separation of their parents. This is why it is important that you make sure that you understand the way that the law works so that you can petition for the best possible arrangement.

There are three main types of custody in Missouri, and it is important to understand the differences between them. Custody is established based upon what the courts consider to be in the best interests of the child.

Do you want to proactively face your divorce?

On behalf of Law Office of Amy L. Gervich on Thursday, March 7, 2019.

Commonly, people in St. Louis and elsewhere want to find the loves of their lives and live happily ever after. Unfortunately, that type of scenario does not play out for numerous people, and that group now includes you.

Though you may never have anticipated getting divorced, it can happen to any married person. Now, you have the complex task of untangling the life you created with your spouse in order to live your lives as single people. Understandably, you may already feel overwhelmed by the prospect.

Making the adoption process smooth for your other children

On behalf of Law Office of Amy L. Gervich posted in adoptions on Thursday, February 28, 2019.

Many parents who are going through the process of adoption for the first time already have children of their own. This can mean that it is not only the parents embarking on a new journey but the other children, too. While it is likely that your children are very excited to welcome a new sibling to the family, it is possible that there could be challenges down the line, and it is important that you are aware of these.

You should make sure that you have considered all possible challenges that you will face in regard to the adoption process and that you make the effort to prepare your children emotionally for the changes that are about to take place.

We Treat You Like Family