How Is Child Custody Determined in Cape Girardeau, MO?

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No one likes to think about the end of a marriage or what might potentially happen to kids after a marriage ends. That being said, child custody is a huge part of any divorce and those that have children need to be aware of how custody is determined. The best child custody lawyers at Birk Law Firm can help you.

What Is A Child Custody Hearing?

When a marriage ends of when a relationship ends, the custody of the children that were part of that union often comes into play. A child custody hearing is a legal proceeding that takes place when a custody agreement cannot be reached outside of court prior to the hearing. The hearing takes a few different factors into account to help determine who is going to have custody of children from that union. Knowing a bit more about it can help you determine if you are going to be able to get custody of your children or not.


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What Factors Go Into Child Custody Agreements?

There is a range of different factors that go into determining where a child will primarily reside following a breakup or a divorce. The first is the welfare of the child, this is always the primary concern of the court when assigning custody. If one party has a home that is safer than the other, that parent is going to be favored.

The next thing that is going to be taken into account is the ability of the custodial parent to provide a financially stable home. Does one party have a stable job and the other is habitually unemployed? Does one party have the ability to provide the things that the other parent cannot, and so on. In some cases, this is going to be taken into account to help determine child support as well to the spouse that is ultimately awarded full custody of the child or primary custody.

The court is also going to take things like the environment the child is going to be raised in, the ability of both parents to offer the child a stable home, and more. Once it is determined which parent the child is going to live with more, the court may also take the time to consider different types of custody rather than primary custody and secondary custody situation.


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Types of Child Custody

The first is the most common and this is primary and secondary custody. This is what most people think of when they think of child custody. This means that the child or children reside with one parent for the majority of the time and the other parent is either able to visit the children or they come to stay with them for a period of time that is preset.

There is also full custody. This means that one parent has all parental rights and that the child or children do not live with the other parent for any amount of time. They may visit, but they do not live with the other parent at any time. There is also fifty-fifty custody. This means that both parents share custody of the child or children and that both parents have the children an equal amount of time.

With each of these types of custody, there are different amounts of child support that are paid to the custodial parent. If one parent has primary custody, the other parent is likely to be paying child support to help raise and cover the financial needs of that child for the other parent. In cases of a full custody situation, the non-custodial parent is likely going to be paying child support to the custodial parent.

With fifty-fifty custody, in most cases, neither parent pays child support to the other and both parties pay for the needs of the child while they have them. They may also work together to pay large bills like school tuition, healthcare, and medical expenses.


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How Is Child Support Determined?

Child support is determined by looking at a few different factors. The first is the custody agreement. The parent that has the children the most is likely going to receive child support from the other parent. The second thing that courts look at is how much money it is going to take to ensure that the quality of life for the child does not change despite the change in living situation.

They may also look at job and earning potential for the parent that is going to have main custody of the child. They will look at how much it costs to keep that child safe and healthy and so on. The amount of child support may be reflected based on custody agreements as well. With the help of a great attorney or legal team, you can argue for custody and you can ensure that you are going to be able to see your children and spend time with them.

Child custody is a difficult thing to argue. It can be trying for both parents and if children are dragged to custody hearings it can also be trying. You can settle with your former partner for custody out of court if you can come to an agreement and you can help to figure out what is going to work best for both parents, but mainly, what is going to work best for your children. No one wants to feel like their kids are not being taken care of or that there is something that could have been done to make a custody situation better.


Kelvin Birk

Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting, tax, and business consulting. Additionally, he has more than 20 years of experience in Family Law matters including divorce, child custody, child support, alimony, and numerous others.

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