Possible Results of a Child Custody Hearing in St. Charles County
By working closely with each client, we are able to present a well thought out and detailed case on his or her behalf before an opposing attorney or a judge in order to settle child custody rights in a timely manner. Our goal is to satisfy our client's wishes and desires, while keeping the rights and needs of the children involved as the most important factor in the case. Once our case is prepared and each facet of the divorce is addressed, the court will decide which parent or parents will have physical and legal custody of the child or children.
There are five different custody arrangements that the court will consider:
- Joint physical and legal custody to both parents.
- Joint physical custody to both parents and sole legal custody to one parent.
- Joint legal custody to both parents and sole physical custody to one parent.
- Legal and physical sole custody to one parent.
- Custody or visitation by grandparents and other third parties.
Child Visitation Across State Lines
Interstate visitation and custody is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, which determines which state has the final say in custody and visitation rulings. The judge should take into account the following: reasons for moving, the child's relationships with a community, the parents' relationship with each other, and the child's needs.
The UCCJA sets forth the following (in order of preference) in regards to interstate custody disputes:
- The child's home state (where they lived for 6 months prior to the legal action) makes the final decision
- The home state will be the place where the child has the most significant connections or relationships
- The home state is the state where the child is residing due to safety concerns
If the state in question cannot meet any of the above requirements, they are not allowed to make a decision regarding the child's custody. If both states meet any of the above requirements then only one state is allowed to make the final decision regarding the child's custody.
Facing divorce? Our St. Charles County Child Custody Attorneys Can Help!
The care and custody of children following a divorce can often be a major source of contention and stress for parents. The advice and assistance of a St. Charles County child custody attorney at our firm can allow parents to establish agreements that focus on the best interests of the children.
Contact our St. Charles County family lawyers at Coyne, Cundiff and Hillemann, PC today. We would be happy to schedule a free case consultation in our office or in our client's home to discuss the legal options available for determining the best child custody and visitation schedule possible.
Tell us about your specific situation in a free case evaluation as soon as you can. Contact us today to schedule a consultation with a St. Charles County child custody attorney.