Whether a couple is married or not, determining child custody and visitation rights for the parents can be difficult. Missouri child custody and visitation rights are based on the best interest of a child. Child custody orders are enforced by a federal law called the Uniform Child Custody Jurisdiction and Enforcement Act, also known as the UCCJEA. This act was enacted to hold parents criminally responsible for kidnapping their child and taking them across state lines.
Understanding the best interest of the child standard and making sure an order covers all of the necessary legal elements requires the help of a family law attorney. The Child Custody Law in Blue Springs MO can be very confusing when federal and state laws provide the guidance for every child custody determination.
Factors Used To Determine Child Custody
- There are several factors a court will use when they determine child custody including:
The mental and physical condition of the parties who are involved.
The medical needs of a child.
The emotional needs of a child.
Whether there are plans by either parent to relocate.
The child’s wishes if they’re old enough to speak on their own behalf.
Each parent’s ability to encourage a child to maintain a healthy relationship with the other parent.
Types Of Custody
Joint physical and legal custody could be awarded to both parents when they are able to cooperate with one another. Joint legal custody could be awarded to both parents and sole physical custody to one parent. Joint physical custody could be awarded to both parents, but sole legal custody to one parent.
Physical Versus Legal Custody
Physical custody is considered the actual possession of a child. Visitation is when a parent is permitted to see their child but is unable to remove the child from the physical custody of the other parent. Legal custody involves the ability to make important decisions about a child’s life, including school, medical, and other major decisions.
Understanding the Child Custody Law in Blue Springs MO requires the help of an experienced family law attorney. If you’re facing a child custody dispute or need to modify a current order, please visit us website and find out how they can help you with your case.