Child custody is one of the most sensitive and challenging legal matters to resolve. If parents can’t reach an agreement on their own, it becomes the court’s responsibility to decide what’s in the best interests of the children. When approaching a custody case, it’s important to be prepared with a solid plan of action that will help protect your parenting time. To give you a better understanding of what to expect, here are the answers to some of the most frequently asked questions family law attorneys receive.

Common Questions Concerning Child Custody

What are the different types of custody?

The law recognizes four basic types of child custody arrangements – physical, legal, sole, and joint. Physical custody deals with where the children will live, while legal custody refers to the parents’ decision-making authority.

When sole custody is awarded, the children will reside with only one parent and they’ll have full rights to make decisions regarding the children’s health, education, and general welfare. Joint custody means both parents will share time with the children and have the ability to make decisions.

How do the courts determine custody?

Family law courts must base their custody rulings on the best interests of the children. This involves taking a number of factors into consideration.

Some of these include the physical and mental well-being of both parents, the ability of each parent to provide a safe and loving home, each parent’s willingness to foster the children’s relationship with the other parent, and whether or not there’s a history of domestic violence or substance abuse.

How can I increase my chances of a favorable outcome?

While every case is different, there are steps you can take to help your chances of getting the custody arrangement you want. Generally, it’s best to avoid big moves that will upset the children’s regular routine.

You also want to ensure you have a stable living and working situation and your child’s needs always come first. Additionally, hiring a family law attorney will help you present the most persuasive argument.

Can custody orders be modified?

Court-ordered child custody arrangements can only be modified if there’s proof of a significant change in the children’s or custodial parent’s circumstances.

Also, the adjustment must be necessary for upholding the best interests of the children. This means it’s likely the parent requesting the modification will need to show new evidence that wasn’t available or hadn’t yet come out at the time the previous order was granted.

If you’re facing a child custody battle, trust the legal team at Coyne, Cundiff & Hillemann, P.C. to advocate passionately on your behalf. They’ll fight to protect your parental rights and provide skilled representation to get you the best result. With more than 75 years of combined experience, these family law attorneys have helped countless clients across St. Charles County, MO, obtain a favorable custody order. Call (636) 561-5599 to schedule a consultation or visit them online for more information about the cases they handle.