Articles Posted in Child Custody

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1courtscovid-300x202Effective May 16, 2020, the Missouri Supreme Court’s Order established a four (4) phased plan to reopen courthouses across our State.  This operational directive applies to all State Courts in Missouri and explains the criteria for  how all 46 judicial circuits in Missouri will reopen access to staff, attorneys and the general public.

The four (4) phases transition from the most restrictive (phase “0”) to the least restrictive (phase “3”).  The highlights of the Court’s order are as follows:

In phase “0”, which courthouses across Missouri have largely been operating under since the original Order from the Missouri Supreme Court on March 16, 2020 , all in-person hearings are restricted or prohibited, with few exceptions, such as emergency matters dealing directly with the safety of individuals and proceedings necessary to protect certain constitutional rights of criminal defendants.

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As a result of the ongoing pandemic due to the corona virus, on Friday April 17th the Supreme Court of Missouri extended its order prohibiting in-person1-Supreme-Court-judges-bench-portrait-July-2019-300x205 hearings in Missouri courts, now through May 15th, 2020.  However, despite this limitation,  most courts have adopted protocols to continue to move forward with their cases.  In this blog we discuss the latest on how many local family court judges  are treating existing orders requiring the exchange of custody of  children in light of statewide and local stay-at-home orders, as well as how local courts continue assisting those in need of  protection from domestic violence.

As mentioned in a previously blog, through the use of video conferencing platforms such as Webex and Zoom, family court judges are able to conference with attorneys to handle non-testimonial motions and to hold settlement conferences and pre-trial conferences normally used to discuss the issues of the parties, in an effort to facilitate resolution of issues prior to trial.

St. Charles County Family Court Addresses Custody Orders in Light of the Pandemic.

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1covid19-300x154In response to the ongoing COVID-19 pandemic and the direction to increase social distancing, on April 17th, 2020 the Supreme Court of Missouri entered an Order extending its previous prohibition on in-person court appearances through May 15th, 2020.   With the exponential increase in the number of the COVID-19 cases in Missouri, and the previous extension of the closure, we can anticipate the possibility that  this Order will be extended past May 15th, 2020.  This can cause even greater uncertainty for those who are involved with the legal system.    The following is a response to frequently asked questions from non-lawyers regarding their cases, that will hopefully reduce some of that uncertainty:

Does the prohibition on court appearances mean that my case will be starting over?

No. Your case will not be dismissed as a result of the Missouri Supreme Court Order of March 22, 2020.  The prohibition is only applicable to most personal appearances at the court house.    All work and judicial orders, including any previously completed of discovery  and interim judicial orders, entered  prior to the closure of Missouri courthouses remain in effect as part of your on-going matter.   Unless otherwise extended, previous deadlines established by prior court order, Missouri Supreme Court Rule or statute for matters such as the filing of responsive pleadings, the filing of motions and the answering of discovery remain in effect.

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father-Son-300x150The family law system in the State of Missouri has recently seen a significant shift in the potential success of claims of third parties seeking custody rights with minor children.  This shift was further defined by a recent decision from the Eastern District of the Missouri Court of Appeals.

In the context of custody litigation in Missouri, a “Third-Party” most often refers to an individual who is not a biological or adoptive parent who is seeking specific custody rights with a minor child.   Often this individual has a biological or marital relationship to the child, such as a grandparent, aunt or uncle.  However, a biological relationship with a child is not a requirement for a “Third-Party” seeking custody rights.

Section 452.375 of our Missouri Statutes provide in part with regard to Third Party custody or visitation, as follows:

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missouri-childrenIn most cases, child support  in Missouri ends when a child graduates high school after his eighteenth birthday.  As we have addressed in previous blogs, a parent’s Missouri child support obligation may also continue until a child’s twenty first birthday if that child continues his education beyond high school and meets the criteria as set forth by Missouri statute. However, in limited extenuating circumstances, a parent’s child support can be extended well past the age of emancipation; in extreme circumstances, it can be extended indefinitely. An experienced Missouri family law attorney can assist you if this circumstance applies to you.

 A physically or mentally incapacitated child

According to Missouri law, a parent’s child support obligation may be extended beyond a child’s eighteenth or twenty first birthday, if that child is physically or mentally incapacitated from supporting himself and insolvent and unmarried.

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private school costWith the prevalence of private grade schools and high schools in the St. Louis area, family law attorneys and judges are often faced with the question of how to pay for the costs associated with these schools when one or both parents decide to send their child to private school.  In today’s blog we cover how this can impact a parent’s child support obligation.

If you assumed that St. Louis has a larger than average percentage of students attending private grade schools and high schools as compared to other large metropolitan areas, you would be correct.  In a recent study by the real estate company Trulia, of the largest 100 metropolitan areas in the United States, St. Louis ranked 10th overall in a measurement of the largest percentage of students enrolled in private school.

Whether it be in a divorce situation or in a case where the mother and father were never married, the Missouri family court is often faced with a decision as to whether to assign these costs to either parent.

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playing.jpgIn our previous blog we discussed the difference between sole legal custody and joint legal custody and the importance of having a well drafted parenting plan. In today’s blog we discuss those factors that will be considered by your family court Judge in determining legal custody in a contested custody case.
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father son.jpgIn Missouri the general concepts involved in an award of sole legal custody or joint legal custody can be simply explained. However, prior to accepting a specific legal custody arrangement, Missouri parents should be aware that the specific language contained in their court order regarding legal custody can have a significant impact on both their interactions with their child’s other parent and with those involved in their child’s medical care, education and extracurricular activities.
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fighting parents.jpgIn 2013 we covered many issues relating to child custody in our blogs including those specific factors your judge must consider when entering an order of child custody. In today’s blog we will discuss both practical and specific information every party in a child custody case in Missouri should know.
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