Sole legal and physical child custody is usually not granted to a parent unless there is a significant problem regarding the other parent. Judges do sometimes award this form of custody while still allowing visitation if the other parent petitions for the chance to spend time with the children. A family law attorney in Lee’s Summit, MO can represent that parent if the person with sole custody decides to relocate out of the area, making in-person visitation very difficult.
Sole Legal Custody
Sole legal custody means that one parent has all the rights in regard to important decisions involving the children. A judge may grant this if the other parent has a serious problem like ongoing substance abuse or a recent criminal conviction. Evidence of child neglect can also lead to this form of custody.
Changing Terms of Custody
A family law attorney in Lee’s Summit, MO can successfully petition the court for a change in legal custody if the client has been on their best behavior for a long time and has maintained a healthy relationship with the youngsters. A judge may be favorable to this petition because Missouri family courts award joint legal custody in a very large majority of divorce cases. The judge may also disapprove of the custodial parent wanting to relocate the children far from their home.
Important Considerations
However, the client must realize that the opposite can happen as well. The judge may decide that this move is in the best interests of the children. Perhaps the custodial parent has been offered a substantially better job that will provide the youngsters with a more comfortable, secure lifestyle. This person may be remarrying, which could provide a more stable home environment.
The other parent may be unable or unwilling to share physical custody, and only want weekend or twice-monthly visits. If there has been any trouble paying child support, the judge may take that into account as well, although a custodial parent cannot deny visitation because of child support owed. A consultation with an organization such as Dana Outlaw Law Office can shed more light on these matters. You can also visit them on Facebook.
