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What factors determine child custody orders?

On Behalf of | Mar 18, 2024 | Child Custody And Support |

When you separate or divorce while you still have minor children in your care, you may have concerns about the transition to co-parenting with your ex. Missouri parents who split amicably may wish to work out a child custody arrangement without court intervention. Others may need the court to consider what’s best for the children when determining the proper custody order. Either way, it’s beneficial for you to have your custody order made official so that you, your ex and your children know what to expect with the new schedule.

Deciding factors in custody

The ideal custody situation benefits the children most. This arrangement can vary from one family to another, but most courts prefer children to spend time with both parents on a regular basis unless abuse or neglect happened in the past. The court will also consider the ability of each parent to provide for the children’s needs, physically, financially, and emotionally, when determining a custody arrangement.

If your children are older, the court may allow them to express the desire to spend more time with one parent, which can lead to changes in custody if the court feels it’s best for your children’s well-being. In cases where the split was contentious, you or your ex may wish to bring character witnesses to vouch for your ability to provide for your children. If you have specific concerns about your ex’s ability to parent, you may express those concerns in court.

Other considerations

When parents share custody, both parties must try to facilitate a relationship between the children and the other parent. If one parent has provided significantly more care for the children up to the point of separation, that parent may continue to do so to maintain a consistent schedule. This occurs when one parent travels for work or has a schedule that changes frequently.

The court will consider your living arrangements when it is deciding on custody matters. It’s expected that both parents provide a stable home when the children are with them. The location of your children’s school in relation to your home and your ex’s home may be a factor when deciding on a custody schedule. Consistency and stability are important, and the court usually wishes to keep schedules the same when possible.

Seek legal advice

No matter the circumstances surrounding your divorce and separation, your children’s well-being is the most important consideration. You may wish to work out a co-parenting plan with your ex or seek intervention from the Missouri family court system. In either situation, it’s important to have someone on your side to help you with the process.

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St. Louis County Bar Association
Illinois State Bar Association
LEX | The Missouri Bar