When it comes to custody, the courts aim to keep the best interests of the child a priority while allowing the child to have a relationship with both parents, if possible. However, with so many intense emotions and complicated legal processes involved, child custody can be a complex issue to navigate, and it's not uncommon for parents to have questions about how the law works. Below are answers to some of the more frequently asked questions parents might have.

Answers to Common Child Custody Questions

What are the different types of custody?

There are four kinds of custody in Missouri. Physical custody goes to the parent who provides the day-to-day care of the child; this parent is usually the one with whom the child lives most of the time. Legal custody refers to the parent who can make critical decisions for the child, such as where they go to school, if they can receive medical care, and where they attend religious services. With sole custody, one parent has both physical and legal custody of the child. With joint custody, both parents have more or less equal access to the child, and both can make important decisions regarding their upbringing.

How is custody determined?

The courts look at a variety of factors when determining who gets custody. These factors include the stability of each parent's home, the physical and mental health of each parent, the parent-child relationship, and the daily schedules and work obligations of the parents.

Are mothers more likely to get custody than fathers?

It depends on the details of each particular case. The courts want to protect the best interests of the child, so they look first and foremost at the fitness of both parents. No state requires that mothers be given preferential custody arrangements.

Are courts the only ones who can decide child custody?

Parents themselves can make child custody arrangements outside of court. They might draw up an informal settlement together or work with mediators to reach mutually agreeable solutions. The final plan, however, will need to be approved by the courts.

If you're involved in a child custody dispute, an attorney will work to ensure your rights are protected. Kirksey Law Firm LLC in Bolivar, MO, has been representing clients throughout Southern Missouri since 2005. They offer representation in family law cases, auto accidents, personal injuries, and workers' compensation claims. Call (417) 326-4529 today or visit their website to schedule a consultation.