Child Custody

Practice Area

Child Custody

Our team strongly believes that it is our job to help clients understand their options and give them the confidence they need to make well-informed decisions that will benefit their children. We assist clients in creating a parenting plan that addresses each and every concern, which includes substance abuse issues, mental health concerns, international travel issues, and special needs related to the child.
Whether you and your spouse are able to amicably agree on a parenting plan, or you are in the middle of a contested custody case, the focus of every parenting plan should be the best interests of the child. This is the standard in Missouri and set forth in Section 452.375 of Missouri Revised Statutes. In determining a child custody plan that is in the best interest of the child, the courts rely on statutory factors, as well as the public policy of Missouri. The Missouri legislature and judiciary have emphasized that Missouri’s public policy is for a child to have frequent, continuing, and meaningful contact with both parents, as well as for parents to participate in decisions affecting the health, education, and welfare of their children, and to resolve disputes involving their children amicably.  

In determining child custody, along with the public policy of Missouri, the court must consider the eight statutory factors set forth below.  
  1. The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties. Here is a link to the form Parenting Plan set forth by the Circuit Court of St. Louis County.
  2. 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.
  3. The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests.
  4. Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent.
  5. The child’s adjustment to the child’s home, school, and community.
  6. The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.
  7. The intention of either parent to relocate the principal residence of the child; and
  8. The wishes of a child as to the child’s custodian.
The weight of each factor varies by case, but in every case involving child custody, the relevant factors will be used to determine a certain custody plan that is in the best interest of the child.  

Guardian ad Litem

What is a Guardian ad Litem? A Guardian ad Litem or “GAL” is an attorney appointed by the court to represent the best interests of the child. The court must appoint a GAL in any case were child abuse or neglect has been alleged. However, the court may also appoint a GAL in other contested child custody cases where child abuse or neglect has not been alleged if both parents’ consent to the appointment.

The GAL is the legal representative for the child at any hearing and may examine, cross-examine, subpoena witnesses, and offer testimony. The GAL will interview anyone that he or she believes is relevant to determining what custody arrangement is in the child’s best interests. This may include the child, parents, grandparents, teachers, therapists, or other collateral sources. Nothing shared with the GAL, by the child or any other person, is confidential.
Attorneys at The Center for Family Law are trained as Guardian ad Litems. Whether we are representing a parent or serving as the GAL, the best interests of the child are always at the forefront of every decision we make.

Who pays for the GAL? The court will order GAL fees to be paid by the parties. Often the fees are shared equally, but at times, the court may allocate one party to pay more than the other party due to misconduct or disproportionate incomes. The court has broad discretion in determining GAL fees.

Parenting Coordinator

What is “parenting coordination”? Parenting coordination is a child-focused dispute resolution process in which a mental health or legal professional with specialized training and experience assists parents in implementing their parenting plan by facilitating the resolution of their disputes in a timely manner; educating parents about children’s needs, and with prior approval of the parties and the court, making decisions within the scope of the court order or appointment contract. Attorneys at The Center for Family Law are trained as Parent Coordinators.
 
What does a Parenting Coordinator do? A Parent Coordinator’s role is to focus on the best interests of the children and to help parents learn effective problem-solving strategies as well as effective communication skills. A Parent Coordinator may also make certain parenting decisions when the parents are unable to reach an agreement. A Parent Coordinator may assist parents in resolving conflicts that arise after a parenting plan has been entered by the court. Parents may agree upon a Parenting Coordinator to resolve only specific issues or to resolve a number of disagreements including matters such as scheduling conflicts, overnights, school choices, extracurricular activities, how to handle behavioral issues of the child, health issues.

A Parenting Coordinator does not provide legal advice, mediation services, counseling, diagnostic assessment services, custody or parenting plan evaluations, or supervised visitation.

Why use a Parent Coordinator? Using a Parent Coordinator to help make decisions about your children may be a better alternative to repeatedly going to court and having a judge made decisions or continuing to have on-going conflict with the other parent without a good option for resolution.

How do parents get a Parenting Coordinator? The decision to work with a Parenting Coordinator is a serious matter and must be considered carefully with input from both parents’ attorneys. If the parents agree to a parenting coordinator, then an order is entered by the court appointing a Parenting Coordinator. Parents give the Parent Coordinator the power to make binding decisions about their children. A Parenting Coordinator can make quick decisions within a short time-frame, something a judge cannot typically do.

Related Posts from the Newsroom

By Allison Gerli December 20, 2024
The holiday season can be a balancing act for all parents, but it can be especially challenging for divorced parents who need to coordinate plans with a former spouse and navigate interactions with new partners. While some stress is to be expected, with careful planning, flexibility, and the right mindset, you can make the holidays smoother for everyone. Here are a few tips to help you manage. Prioritizing the Children. The holidays are a time for children, and their well-being should be the focus of the schedule. Whether it's your first holiday post-divorce or you have had a few years to adjust, there are simple steps you can take to make the season easier for them. Create a Joint Plan. Collaborate with your ex to ensure the children can spend time with both of you without feeling torn. A clear, shared plan helps avoid confusion and conflict. This might involve splitting the day between both households or longer periods of time with each parent to allow for out-of-town travel to visit relatives. It is important that parents are on the same page on what schedule will be followed and that is communicated to the children as a joint plan. Balance Traditions with Flexibility. It is natural to want to keep cherished family traditions, but flexibility is key. Discuss with your co-parent which traditions are most important and find a realistic way to divide them. This ensures that the kids do not feel pressured to choose between one tradition or family, allowing them to enjoy special moments with both sides. Create New Traditions. This is an opportunity to start fresh. Let go of old expectations and focus on what will bring joy to your current family setup. Whether changing when your holiday meal occurs or coming up with new ways to celebrate with those who matter now, these changes can redefine your holiday experience in a way that reflects your family as it is today. Remember, children care more about spending time with you and celebrating together than about the exact day. [The Right] Communication is Key. Keeping communication focused on the kids can help prevent old conflicts from resurfacing. Keep discussions brief and to the point. Set times to address important matters and confirm plans through a message or email to ensure everyone is aligned and to prevent miscommunication. Involving New Partners. Whether it is you or your ex with a new partner, you should be mindful of how this change can stir emotions and make the situation feel uncertain. If planning to include a new partner in holiday activities, having a conversation with your ex beforehand is best. Discuss your plans for the day and make sure your ex is comfortable with the arrangement. If you are nervous about being around your ex’s new partner, remember that you have the right to decide how much or how little to engage with this new person, all while keeping things positive and calm for the children. Children may also need time to adjust to a new partner, particularly if the relationship is still fresh. Monitor how they are coping and give them space to process these changes. Do not force interactions, and if possible, let the relationship evolve naturally. Spending Time with Former In-Laws. Another challenge during the holidays for separated parents is dealing with ex-in-laws. Seeing them may feel awkward, but it is often necessary for the children's sake. If spending time with your ex-in-laws feels too emotionally challenging, be honest with yourself and them. It is okay to politely decline an invitation if it being there would cause too much stress. Regardless of how you feel about your ex-in-laws, remember that ex-in laws are still important figures in your children’s lives, and it is often best for the kids if you maintain a relationship with them. Encourage your children to spend time with their grandparents or other relatives from your ex’s family when possible. Remember even when feeling frustrated, remind yourself that cooperation between parents benefits the children, making these moments more manageable.
By Allison Gerli March 30, 2023
A custody proceeding can be an incredibly stressful and anxiety-provoking time for not only you but also your child. When a Guardian ad Litem or "GAL" is appointed to your case, the GAL will become a new person in your and your child’s lives. Below are some tips & guidelines for interacting with your child as they work with a GAL. The GAL is the child’s legal representative and, as such, may examine, cross-examine, subpoena witnesses, and offer testimony on behalf of the child at any hearing or trial. However, the primary role of the GAL is to make recommendations as to what he or she believes is in the child’s best interests. The GAL’s recommendation may be contrary to what the child believes is best. The GAL may make recommendations to the court as to what is in the child’s best interests regarding child custody, which may include recommendations about legal custody, physical custody, communication between parents and the child, weekly schedules, vacation time, and holiday time. After the GAL is appointed, the GAL often meets with the parents or the third parties seeking custody to start. The GAL will then meet with the child directly. The meeting may take place at school, the GAL’s office, the child’s residence, or a public location. It can be discomforting to have a new person enter a child’s life in such a personal way. It is also imperative that the GAL can enter the child’s life in as smooth a process as possible. To protect the process, you should not share with the child why a GAL has been appointed for them. Blaming or describing the opposing party’s negative behavior as the reason for the GAL’s appointment may influence their statements and impact the purity of the GAL’s meetings. GAL’s want to ensure their communication with the child is unbiased and untampered with so that the GAL can gain the most honest and reasonable assessment of the situation possible. Rather than saying, “a GAL has been appointed because Dad or Mom does X thing,” tell the child that the GAL is a new person to talk with them about this transition with their parents. Assure them that this person is there for them, and they should try to have an open conversation about their feelings and concerns about the situation. The GAL will introduce themselves to the child in the way they see fit, but you can let the child know ahead of time that they are meeting with the GAL and that this will be a safe space for them. Remind the child that they can and should be honest with the GAL and that the GAL is there to help bring their voice into the process. You can emphasize that they can truthfully answer any question the GAL asks and that it is also okay to ask the GAL any questions of their own. You can also tell the child that they may meet with this person more than once, which is often the case, so if they do not remember everything at the first meeting or do not know the answers to any questions, that is okay. If the child remembers an answer to a question later, you can offer to help them contact the GAL to provide the answer. GALs often have different policies for communicating with the child while the case is pending and how often they will meet with them. It is best to ask the GAL assigned to your case about their policies in advance. To respect the privacy of the GAL’s relationship with the child, please refrain from asking them what they discussed in their meeting with the GAL. The child may want to share certain aspects of their conversations with you, but please keep these debriefs as general as possible and do not probe. If the child shares something with you about their conversation with the GAL that you find concerning, please let your attorney know, and they will contact the GAL if necessary. All of the attorneys at The Center for Family Law are trained as GALs, in addition to representing individuals involved in divorce and child custody matters. Please contact us today to schedule a consultation. Article written with contribution from law clerk, Adele Rosenthal. Adele is a 2L at Washington University School of Law.
By Hallie Van Duren July 18, 2022
A Guardian ad Litem (“GAL”) is a lawyer appointed by the court to represent the best interests of a child or children in a pending family court case. The GAL’s job is to investigate the circumstances of the child and the child's parents and caregivers, and then make a recommendation to the Judge regarding child custody. The GAL's primary consideration when proposing their recommendations is the best interest of the child(ren), in consideration of the Missouri statutory custody factors. Courts hold GALs in high regard, and when a GAL is involved, judges rely heavily on the input of the GAL.
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