The Faulstich Law Firm. St. Louis Family Law Attorneys. -
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Custody

Psychological Evaluations and Child Custody Evaluations in Divorce and Paternity Cases

In Divorce cases where children are involved it's sometimes appropriate to ask for a Psychological Evaluation or a Child Custody Evaluation. Generally these are not done in cases where children are not involved. The reason for this is that generally there is a concern that a parent may not have the psychological aptitude to nurture a child in a way that is appropriate for the child. A generally conscientious parent without any mental health history usually doesn't have to worry about this kind of testing.

Grandparent Rights: Beyond the Basics: A Loophole


Recently I handled a case in which Grandparent Rights were at issue. As I have written before on this blog, Grandparent Rights are not as strong as a Grandparent might hope for or expect. There are only special circumstances in which a grandparent may ask for rights. Many times this is in a divorce case or a modification of the order from that previous divorce case in regards to the child custody portion of that divorce case.
The law allows for Grandparents to Intervene in Divorce cases and Modification of Child Custody cases.

If a father is not married to the mother of a child, how does he get custody rights?

A paternity action filed in the Circuit Courts. A lot of people confuse this with the administrative process. Sometimes, when the mother is not married to the father, she can have him paying into child support for the child but the father does not have any enforceable custody rights. Additionally, it being dealt with this way may not only deprive a father of custody rights, but also has a very good chance of making the child support too high. Why? Because there are factors that administrative child support is not equipped to take into account as well as a Circuit Court might.

What is the Difference Between Joint Physical and Sole Physical Custody in Missouri?

 
For practical purposes this is a simple answer most of the time. Generally speaking most attorneys would say that Joint Physical Custody is any parenting arrangement after divorce where neither the father nor the mother is completely denied of time with their children. In other words, both parents get some time with their children that is unsupervised.  (If it is supervised, that would be calledvisitation.)
In the same way, most attorneys would say that Sole Physical Custody is any parenting arrangement where one of the two parents get either only (1) visitation or (2) no visitation and no unsupervised custody.
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