This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Missouri USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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FAQ
A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit. The court may award temporary custody after a hearing or, if there is no objection, solely on the basis of the affidavits.
A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned, or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
Missouri Custody Laws for Unmarried Parents In Missouri, if a child is born to unmarried parents, then the mother is automatically given sole custody with full parental rights. That is unless the mother signs an affidavit acknowledging that her partner is the father.
?Sole custody? can be ordered when appropriate. The court wants to know about circumstances that affect the best interests of the child. A guardian ad litem is appointed to represent the interests of the child when abuse or neglect is alleged. Parenting time also may be restricted under some circumstances.
Missouri encourages equal parenting time by requiring judges to at least consider a 50/50 schedule when ruling after a trial. Parents who agree on a schedule can use any time division they want. The 3-4-4-3 schedule is a 50/50 split in which the child spends three days with one parent and then four days with the other.
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.
When considering a temporary custody award, a judge in Missouri will consider the same statutory criteria as they would with a permanent custody order. This can include the wishes of the parents and child, the emotional needs of the child, the health of the parties, and any history of abuse or neglect.
If the question is ?when can a child legally refuse visitation??, the short answer is ?never.? Missouri law does not provide a procedure for a child to decline parenting time. That said, situations may occur when it would not be in a child's best interests to have visitation with a parent.