In Missouri, child custody is determined through a parenting plan or by court intervention. However, additional custody and visitation rights are managed by the court for family members other than the parents. A Family Law Attorney in Blue Springs MO can explain custody and the rights of family members.
State Statute 452.375
The state statute defines the different types of child custody. Joint physical and legal custody provides both parents with equal rights and time with the child. Joint physical custody is where both parents have physical custody of the child, but one parent has sole legal custody. The parent with legal custody makes all decisions for the child. Joint legal custody means that both parents make decisions for the child, but the child lives with one parent while the other has limited visitation.
Sole legal and physical custody indicates that only one parent makes decisions for the child, and the child doesn’t live with or visit the other parent. The final option for child custody is third-party physical and legal custody. Typically, a third-party that receives custody is a grandparent or a family member other than the parent.
State Statute 452.402
Under the state statute, the rights of grandparents are considered. The grandparents can petition the court to set up visitation if a surviving parent refuses visitation. Typically, the court must assign a caseworker to investigate any reasons identified by the parent that explain why the grandparents shouldn’t see the child. The petitions are filed when the grandparent’s biological child dies and the surviving spouse denies access to the child.
Can Unmarried Parents Acquire Child Custody?
Yes, the child must complete DNA testing if the father isn’t identified on the birth certificate. If a father wasn’t married to the mother, he may need to file a paternity suit against the mother to complete DNA testing. Once paternity is established, the father can petition the court for visitation rights.
In Missouri, child custody and visitation are determined according to the most suitable arrangements for the child. Each parent is considered for custody. However, grandparents could receive custody if both parents are hazardous to the child. Parents who need assistance from a Family Law Attorney in Blue Springs MO can Visit the Website for more info now.
