One of the biggest concerns for divorcing couples is how child custody will be determined. The Missouri courts are focused on acting in the best interests of the child, so determining custody is not a simple matter. This overview takes a closer look at parenting rights from a legal perspective.

What Is Child Custody?

There are two aspects of child custody. The first part is physical custody. This involves determining where the child will live in terms of residing with one parent or the other.

The second aspect is legal custody, which involves determining which parent will have the authority to make decisions for their child’s well-being. When a parent is granted legal custody, they will be able to make decisions regarding the child’s education, religious upbringing, and medical care.

What Are the Types of Custody? 

There are three main types of child custody: sole, joint, and visitation. A judge will determine which one best fits the situation. These three differ in the following ways:

• Sole Custody: In this situation, one parent has full-time custody of the child. Since the goal of Missouri family courts is to act in the best interests of the child, sole custody is only granted when one parent has been deemed unfit, either by exhibiting signs of abuse, high-risk behaviors, or by previously abandoning the child.
• Joint Custody: Both parents share the physical and legal custody of the child and work out a rotating schedule. The parents must also be able to demonstrate an ability to parent together and to set their differences aside for the sake of the child.
• Visitation: Child visitations often accompany a situation in which one parent has been granted sole custody. If the non-custodial parent has been deemed unfit, visitations may be supervised, but it still provides a way for the non-custodial parent to stay in touch with their child.

How Is Custody Determined?

There are several factors the court will look at in determining how custody should be decided. Practical concerns, such as each parent’s income, vocation, and financial status, will be evaluated in conjunction with each parent’s physical and mental health.

The medical needs of the child will also be considered because the court will want to place them with the parent who will fulfill those needs. Living conditions and the relationship the child has with each parent will also be considered.

If you and your ex-spouse want to file for divorce, you’ll have to iron out the child custody details. The attorneys at Coyne, Cundiff & Hillemann, P.C. will ensure that your custodial rights are honored. With a combined experience of 75 years, these experts handle family law matters, so you can trust in their expertise and familiarity with Missouri law. To schedule a consultation, call (636) 561-5599 or visit their website to browse their services.