Child Custody and Support

When a child is born, both parents have rights to their child.  However, until a Court order is entered, those rights are undefined.

When do I get to see my child?

Who makes decisions for my child?

Who has to pay for my child’s expenses?

Generally speaking, when two parents have a child, whether within or outside of marriage, each parent has certain rights and responsibilities to their child.  However, until a court order is entered, those rights are undefined.  Legal custody is presumed to be shared by both parents unless a judge finds that a shared arrangement is not in the best interests of a child or that the parents do not have a history of cooperation in matters concerning a child.  The Aranda Law Firm helps answer many common questions people often have when going through custody proceedings, including:

• How often will I be able to see my child?
• What is joint custody?
• What is a parenting plan and do I need one?
• When will custody be decided?
• Who makes decisions for my child?
• Who must pay for my child’s expenses?

These rights and responsibilities can only be determined by a Court (or by agreement of the parents, however that agreement is not necessarily enforceable in a Court of law).  When a Court reviews custody cases, it is generally tasked with entering a parenting plan that is in the best interests of the child(ren).  Missouri law sets forth certain factors that a Court must consider when determining the best interests of the child(ren).  Some of those factors include the wishes of the parents, the child(ren)’s need to have a meaningful relationship with both parents, and the mental and physical health of the parents.  Sometimes, when a child is old enough, the child’s wishes are considered by the Court.

Child support in Missouri is determined by using a “Form 14”.  The Form 14 takes into consideration a number of financial factors, including the parties gross income, work-related child care costs, whether the parents have other children or pay court ordered obligations (i.e. maintenance, child support) and health insurance costs, as well as a number of other factors.  Additionally, the parent paying support will often get a credit based upon the number of nights that parent spends with their son or daughter.