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St. Louis Family Law Blog

Custody modifications when a custodial parent dies

No child should ever have to lose their parent. If a custodial parent passes away, this will undoubtedly be a sad time for the whole family, and together, they will need time to heal. Modifications will need to take place so that the child gets the familial support that is in their best interests.

The court will need to decide whether the other parent will gain full custody of the child, or whether another party, e.g., a grandparent, will share custodial rights. The following are some factors that are considered by courts when making a custody modification after the death of a custodial parent.

Reducing custody stress during the school year

Missouri custody decisions can involve physical and legal custody rights. If you have physical custody of your children, your children's main residence is your home. If you have legal custody, you are the parent who makes the critical decisions on your child's behalf. However, more often lately, courts are working to provide a more equitable balance of time and authority to both parents. Perhaps you and your ex were able to reach a parenting plan on your own.

Regardless of how you resolved your custody issues, the start of a new school year has the potential to create chaos out of the most well-ordered plan. As much as you hope to provide a stress-free and positive new school year for your children, you and your ex may be unable to avoid frustrating disputes unless you plan your methods of communicating throughout the school year.

How do the courts divide marital property in Missouri?

State laws can differ significantly when it comes to dividing property during divorce. This is why it is important to pay attention to the laws that specifically apply to Missouri if you are planning to divorce in the state.

Missouri, like many states, does not recognize community property laws. This means that marital assets will not be automatically divided equally between spouses, regardless of the circumstances of the divorce. Instead, the courts will consider a variety of factors to establish the fairest way of dividing marital assets.

Under what circumstances will full custody be attained?

Many parents who are going through a divorce become determined to gain full custody of their children. This might be because they are convinced that the other parent would be a bad influence on their child or because they want to provide their child with a permanent and stable home.

In general, child custody courts across the country are united in the belief that joint custody is usually in the best interests of the child. However, there are some circumstances in which full custody might be best. The following are circumstances in which full custody might be awarded to one parent.

The most common forms of adoption

Embarking on the process of adoption can be the beginning of a long road. It's important that you do not rush into the process because making sure that you are making the best possible decisions for your family is vital for the long-term success of an adoption.

If you are still in the research phase of the adoption process, it is likely that you are curious about the different types of adoption that could be available to you. The following are some of the most common types of adoption and the circumstances in which they can be appropriate.

How will your divorce impact your retirement savings?

When a couple divorces, one of the most important considerations is what will happen to the property the couple shares. This includes things like bank accounts, physical assets and retirement accounts. The division of marital property is not easy, especially when it pertains to retirement accounts, which directly affect the long-term financial health of both parties.

You and your spouse worked hard to save for retirement, yet a divorce can bring your plans for your golden years to a halt. It's in your interests to fight for a fair share of long-term savings and to learn how property division laws may affect your divorce order. As you prepare for divorce, it's smart to learn about your rights and what to expect from the process ahead.

What to consider before filing for divorce

Deciding whether to file for a divorce could be one of the most difficult decisions that you will ever have to make. You will need to take into account many different factors, and bear in mind that the emotions you may be feeling right now may only be temporary. Additionally, if you have children, you will also need to consider how a divorce could affect them.

It's always best to file for divorce once you have fully explored all other options because you will be able to move forward more confidently. If you are struggling to decide whether to file for a divorce, you should first consider doing the following.

Will my request for a child custody modification be accepted?

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

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

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.

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