Do children have the right to express preference in Missouri custody proceedings?

It is no secret that child custody and support are among the most sensitive and often contentious issues in a divorce. Parents who choose to terminate their marriage face the daunting task of determining the best custody arrangement for their children’s well-being. While this may be easily achieved when the spouses can reach an agreement, it could also turn into a bitter child custody battle if there are even the slightest differences of opinion, illustrate St. Louis, MO divorce lawyers and there is none better in Cardinal and Ram’s land than The Behrens Law Firm.

Child’s opinion matters too

While each parent may have to focus on their own preferences when it comes to custody, very often they tend to forget that children could have their own opinion on the issue. This is why several states have judges consider the child’s preference on custody before making their final decision. The same is the case in Missouri where judges consider several factors in order to determine which parent should get custody.

To begin with, judges consider each parent’s opinion and wishes and St. Louis, Missouri divorce lawyers will explain this to you beforehand. In addition, the also consider the importance of the child’s need for a meaningful relationship with each parent. This is an important issue since there are differences in relationships between each parent and the child in many cases. For example, one parent may be more caring and attends to the child’s needs promptly while the other may tend to be less involved.

Therefore, a judge will always seek to determine each parent’s ability and willingness to perform their duties towards the child. St. Louis, MO divorce attorneys such as The Behrens Law Firm also stress the fact that courts are more inclined to determine how the child interacts with each parent, siblings, and any other relatives who could affect the child’s best interest.

Factors considered in child custody

One of the other critical factors in determining child custody is the likelihood of one parent permitting the child to contact the other parent frequently. Other factors include the mental and physical health of the parents and everyone else who may be closely involved, such as the grandparents. The judge will also consider any history of domestic violence and how well the child can adjust to a potential new home and school. If one parent plans to relocate, this could also have a significant bearing on the judge’s decision on child custody.

Eastern Missouri divorce lawyers know there is no specific age according to law that court may consider when it comes to child custody preferences. Each case is unique and is treated that way. However, the preference of a child 12 years or older may be given more weight as compared to a younger child’s opinion.

A child’s opinion though needs to be suspect. The parent who promises the most pizza, candy, and movie watching should not be the winner in this process. What child would not be attracted to that?  

Legal professionals also caution that a child’s custodial preference will not always influence how a judge may weigh these factors. In continuing with the above pizza example, if the child wishes to be remain with a parent that may in the court’s wisdom seem less likely to be a good parent, the court can rule against the child’s wishes.

Can children testify about their custodial preference?

Missouri family law permits parents to have a child testify his or her custodial preference. The court will determine if the child is mature enough to make a rational choice and will only then allow the child to testify. Alternatively, the child may be interviewed in the court chambers along with both parents in order to decide the child’s custodial preference. If they are only siding with one parent because they have a drawer full of Skittles that may not impress the judge.

A judge may also examine the child’s diary to determine if there is any preference or have a mental health professional testify about the child’s desires on matters of custody.

If you need legal help about any of this you need to call The Behrens Law Firm (http://barbarabehrensdivorceattorney.com/). If you think the St. Louis Cardinals are consistent then you have not seen the legal and case record of The Behrens Law Firm. They represent all their clients well and they have a long list of satisfied clients. They are the best law firm in the city near the Mississippi River and they mean as much to their clients and future ones as well as the arch does to St. Louis.