Missouri Sample Letter regarding Child Custody and Property Settlement Agreement
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The judge will make a decision about custody based on what s/he thinks is in your child's best interest. If the parents have not reached an agreement on all issues related to custody, then it will be up to the judge to decide.
The process to file for child custody in Missouri is outlined below: Establish what type of case you have. Download and fill out forms to open a new custody case. Pay the filing fees. The parent that wishes to seek custody provides the other parent with copies of the filed application.
Under Missouri law, when one parent wishes to move with a child ? and he or she shares child custody of visitation with the other parent ? the parent must give notice of the proposed move by certified mail to the other parent at least 60 days beforehand.
Filing for Child Custody in Missouri: 5 Steps Step 1: Determine your case type. If you're married to the other parent, you can file for divorce or separate maintenance (legal separation). ... Step 2: Complete forms. ... Step 3: Submit forms and pay filing fees. ... Step 4: Serve papers. ... Step 5: Wait for the other parent's answer.
If you are a relocating parent, and the non-relocating parent disagrees with the move, you have to prove to the court that you are acting in good faith and not trying to ruin the other parent's relationship with the child.
Assuming the party seeking relocation does provide notice, the non-relocating parent then has the opportunity to file a motion with the court seeking to prevent the relocation. The non-relocating party has 30 days after receipt of the notice of relocation to file a motion with the court.
Missouri aims to consider what is best for the child's interests when deciding on child custody matters. In Missouri, a child cannot decide which parent they want to live with until they are 18 years of age.
In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the offense of parental kidnapping if he or she removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the ...
The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.
