PMCW Law

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 w...

Missouri Courts look at many factors when determining the custody of a child. These factors can be complicated and confusing, but they all revolve around a single, central goal: to serve the child's best interests. If you're trying to  gain custody of a child in mid-Missouri , an  experienced lawyer at the Lake of the Ozarks  can help guide you through the factors that influence the Courts' decision. While not a complete list, this list can give you a solid foundation of the factors to consider concerning child custody in Missouri.  ( These factors are taken from Section 452.375 of the Missouri Revised Statutes.) ****** 2. The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors, including:  (1) The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties; (2) The needs of the child for a frequent, continuing and ...

It doesn't matter how you approach the situation - divorce is stressful. If there are children involved, the process becomes even more complex and emotionally charged. Fathers who have been closely involved in their children's lives and strongly desire to obtain sole (or at least joint ) custody of their children may face particularly unique challenges. This week, the attorneys at Phillips, McElyea, Carpenter, & Welch, P.C. are here to equip fathers with some important information they need to know about preparing for a custody battle. 1. Be Clear About Your Goals From The Very Beginning At the very start of your custody case , identify your ideal outcome and make it known. If you want sole legal custody, say so. If you want joint physical custody with significant visitation rights, say so. You and your divorce attorney at the Lake of the Ozarks need to be able to work together towards a common goal. Being honest with yourself about your desired outcome (and all of...

Getting a divorce is challenging for a lot of reasons, but custody disputes are quite possibly the most stressful proceedings you will have to go through. As much as we might like to convince ourselves otherwise, it is not necessarily up to us to assign custody of our children after the divorce. The court will make this decision after evaluating which parent will be able to provide for the child's best interests. This week, the team at Phillips, McElyea, Carpenter, & Welch, P.C. is here to dispel some common myths about custody disputes. Myth #1: Moms Get Preferential Treatment. This is quite possibly the most widely believed myth about custody disputes - probably because it used to be true. Decades ago, the courts believed that mothers could provide better care to their children than the fathers could, and custody was assigned accordingly. Today, however, this ruling has changed drastically. Stay-at-home dads are becoming increasingly common, and there is no evidenc...

Ask anyone who has gotten a divorce before, and they will tell you that the process can be complicated and emotional. There are a lot of assets, possessions, and accounts that must be divided between the divorcing spouses. While dividing up all of these belongings can seem overwhelm, they pale in comparison to another thing that must sometimes be divided in divorce cases: custody of your children. It should come as no surprise that almost every parent who undergoes a divorce wants to keep full (or, at the very least, partial) custody of their children. In many divorce cases at the Lake of the Ozarks , however, parents are not the ones who get to decide who retains custody of the children - the judge is. If you are working to retain or receive custody of your children, we recommend you work closely with your divorce attorney in Camdenton, MO to determine the best course of action. There are several things you should and should not do in order to give yourself the best chance o...