Child Custody FAQ's

Going through a divorce can be tough, especially when children are involved. You could be worried about how the custody battle is going to go and whether or not you are going to get to spend enough time with your child. There are a lot of variables to consider when it comes to child custody cases. Our child custody lawyers at the Lake of the Ozarks are here to answer some frequently asked questions regarding child custody.




Child Custody FAQ’s


Q: How does the court determine custody of a child?

A: Ultimately, the court is looking at what’s in the best interest of the child. There are a number of factors that will typically play a part in the court determining who should receive custody of the child. For example, here are a few questions the court may ask in order to determine their decision.


  • Have either of these parents ever abused the child?
  • Can this parent financially provide for the child?
  • Depending on the child’s age, which parent would the child prefer to live with?
  • What do the parents wish?
  • Would the child have to move to a new city, school, and state? If so, what kind of impact is this going to have on the child? 


The court may also look into:


  • The medical history of both parents and the child;
  • The lifestyle the child currently has and whether or not they are happy with it; and
  • The willingness each parent has to co-parent with the other.


Q: Is it more likely that child custody will be granted to the mother over the father?

A: Typically, the court is required to grant custody in the best interest of the child, no matter what the gender of the parent is. Fathers could just as likely get custody of their children as mothers can, it all depends on the factors listed above and whether or not the parent has the time and capability to provide a good quality life for the child.




Q: What are the different types of child custody?

A: There are 5 terms used to describe child custody. They are:


  • Joint Custody is where custody of the child is split between 2 parents.
  • Sole Custody is where custody is awarded to just one parent.
  • Physical Custody refers to where the child physically resides.
  • Legal Custody refers to making decisions regarding the child’s upbringing and well-being.
  • Grandparent Visitation and Custody is where grandparents are seeking visitation or custody of the child, but the decision is still based on what’s best for the child.


Q: Is it possible that custody could go to someone who isn’t a parent?

A: Yes, in some cases another relative, such as grandparents, aunt or uncles may seek custody of the child. There are certain forms and procedures that typically need to be followed, but this is possible.


In Need of a Mid-Missouri Child Custody Lawyer?


We understand how hard it is to not know whether or not you are going to have enough time with your child. Child custody cases can be emotional and very stressful for the parents and the children. Don’t go through it by yourself, hire an attorney who can guide through this difficult time in your life. Our firm has an open door policy, and there is no need for a formal appointment for clients to stop by to discuss their legal needs. We are aware of the importance of good communication and we listen carefully to the needs of our clients, keep them informed, and return phone calls promptly. Stop in for your free consultation at Phillips, McElyea, Carpenter & Welch, located at 85 Court Circle N.W in Camdenton. 



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
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