Custody, Child Support and Paternity
Custody
If you and your spouse or partner have separated and you have minor children you will need to determine a custody and visitation plan for your children. In Missouri when you are involved in a custody case it is necessary to file a Parenting Plan. A Parenting Plan will encompass custody, a visitation schedule that will include a weekly and weekend schedule as well as a holiday and summer schedule, child support, and various other issues. Custody is divided into four categories, Joint, Sole, Legal and Physical.
What does Joint and Sole Custody mean?
There are several forms of custody in Missouri:
- Joint Legal Custody means both parents share all the important decision-making rights and responsibilities and authority regarding the children’s health, education, and welfare.
- Joint Physical Custody means both parents have significant periods of time during which a child resides with or is under his or her care and supervision. Joint physical custody does not require equal sharing of time.
- Sole Legal Custody means one parent makes all the decisions regarding the children.
- Sole Physical Custody means the child primarily resides with one parent. The time the child spends with the other parent can be referred to as temporary custody or visitation.
Child Support
An often contested area of the law, child support represents monetary support paid by one parent to the other parent to assist in the financial upbringing of children. In Missouri, the calculation of child support is based on a guideline known as form 14 which takes into consideration the financial means of the parents as well as the expenses or needs of children.
The Cantor Law Firm will clearly outline the factors used to determine child support in Missouri, which include the following:
- Child support payments to other children
- Children’s special needs
- Number of children involved
- Incomes of the parties
- Amount of overnights the children spend with each of their parents
Paternity
Paternity is the word used to define the state of being someone’s father. If a child is born out of wedlock it may be necessary to file a Motion for Paternity to establish the biological father as the “legal father.” Or if you are not named as the father on your children’s birth certificate a Motion for Paternity is necessary to ensure that you are recognized as the legal father. Issues regarding custody, visitation and child support often arise in these matters. Once the court establishes paternity it can then decide on issues such as custody, visitation and child support in a similar manner as a divorce case. Amy Cantor has helped many clients navigate the legal system to achieve the desired result in paternity cases.
Call Amy Cantor today at 314-453-9700 to hire an experienced divorce and family law attorney dedicated to assisting the city of St. Louis, St. Louis County, and St. Charles County.