Meeting with an Attorney to Discuss Child Custody
In all aspects of a divorce, Langley Law believes that it is always best if spouses can come to an agreement - but this is particularly true regarding child custody arrangements. This is primarily due to the significant and lasting effects that custody decisions have on the lives of all the family members involved, but specifically the effects of those decisions on the children involved. Children of divorce often experience emotional trauma, and an agreement made by the parents regarding custody tends to reduce the amount of trauma that children could likely face.
If parents fail to reach an agreement on the matter of their parenting time during their dissolution, the Court is then required by statute to award appropriate custody arrangements in the “best interest” of the child. It is public policy in the state of Missouri that frequent, continuing, and meaningful contact with both parents after the parents have separated or divorced is in the “best interest of the child.” Further, it is encouraged that parents participate in decisions affecting the health, education, and welfare of their children. The Court considers several factors in determining what is in the best interest of the child.
You can find the eight main factors the Court takes into consideration here, and listed below:
The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
The needs of the child for a frequent, continuing, and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent;
The child's adjustment to the child's home, school, and community;
The mental and physical health of all individuals involved, including any history of abuse of any individuals involved;
The intention of either parent to relocate the principal residence of the child; and
The unobstructed input of a child, free of coercion and manipulation, as to the child's custodial arrangement.
When meeting with an attorney about a divorce where custody will be at issue, you should be prepared to answer specific questions about your relationship with your child. This isn’t for the attorney to make a judgment about your parenting. The attorney will determine your strengths and weaknesses and ensure that the motivation for seeking custody is in the best interest of the child.
Questions could include:
Do you keep in contact with the school teachers of the child?
What is your schedule like during the week and on weekends?
Do you transport the child to their activities?
Do you help with the child’s homework?
What do you and your child like to do for fun?
Do you take your child to lessons or tutoring, or have them involved in clubs or organizations?
If you are going through or starting a divorce and child custody is a concern, consider consulting with a family law attorney for guidance based on the specifics of your situation. At Langley Law, we are here to help!
