Child Custody Lawyer

Create a Safe Home

The judge will want to see that you can provide a supportive and safe space that allows your child to thrive. Depending on your relationship with the other parent, your ex may make claims that your living arrangements aren’t suitable for the child. Be picky about who you let around your child and visit the home. If you have younger kids, implement safety precautions such as storing medicine away in a locked container, never keeping illegal drugs on you or in the home, and installing devices on household items like cabinets and windows.

Be Engaged in Your Child’s Life

As your KS child custody lawyer in Kansas City may explain, you cannot undo any unproud moments from the past, but you can start now to show you are a responsible parent who is engaged in your child’s interests. Of course, it’s better to begin going the extra mile before a child custody case has ensued, but it’s never too late to be an influential and positive presence in your child’s life. 

Show Good Overall Character

No one is perfect, however, you must exhibit that you have generally a good character about you as a person and parent. When going to trial to fight for custody of children, you may have to call up witnesses who can attest to your character. Consider meeting your child’s teachers and attending parent-teacher conferences, cheering them on at their sports games and other hobbies, and letting people see you showing up for your child’s biggest moments.

Don’t Pin Your Children Against Other Parent

One of the main problems with child custody cases is they can turn ugly very quickly. Parents may use this as a chance to get back at their ex instead of focusing on their children. The court frowns upon parents who use their children as pawns or otherwise inflict more pain than the situation already causes. Do the best you can at being civil with the other parent. Think of healthy outlets to vent your emotions so you are less tempted to react from a place of hurt.

Be Mindful of Your Words

When spending time with your children, make sure that you are not bad-mouthing the other parent in front of them. Even if the other parent is acting out and being difficult, this is an issue to bring up with your lawyer so they can work to keep the peace until the child custody battle concludes. If you have friends or family members visit while your children are with you, keep your conversations private so that your children don’t hear negative things about your ex. Since this is still their other parent, it will probably hurt them more to hear bad things, especially during an already stressful life transition.

Focus on Your Child’s Best Interest

The court is going to be primarily focused on what will be in the best interest of the child, so you should act in accordance with that by showing your concern for their well-being. Parents often get caught up trying to win or get back at the other parent that they may cause their children undue distress. Your child will already be worried about the future, possibilities of moving, changing schools, making new friends, and maybe preparing to not get to see both parents every single day anymore. Now is a great time to focus on how your children are feeling, providing extra reassurance if needed, and spending quality time together.

Be Willing to Cooperate

You may have the opportunity to negotiate with the other parent about the terms of child custody. If you are willing to cooperate and show effort in doing so, it will reflect positively on you as a parent. Be willing to attend mediation with the other parent in hopes that you can resolve child custody outside of court. But keep in mind that if you are unable to reach a resolution, you will both have to attend a child custody hearing where the judge decides who gets custody. There is no guarantee that the judge will issue a verdict that considers each parent’s preferences. Sometimes, even two parents who are at odds may be able to find a solution through mediation if they are motivated enough to avoid court. 

A child custody lawyer in Kansas City, Kansas from Daniel E. Stuart, P.A is ready to help your child custody case, all you have to do is call.

Types Of Custody Agreements

As a Kansas City, KS child custody lawyer can explain to you in detail, child custody refers to the arrangement legally ordered by a court, which involves determining which parents or legal guardians will be awarded physical and legal custody. Child custody laws vary by jurisdiction, and there are different types of child custody arrangements that can be established based on the best interests of the child. Here are some common types of child custody:

Sole Custody: Sole custody is a type of custody where one parent is granted legal and physical custody of the child, and the other parent has limited or no legal or physical rights. A parent who has sole custody can make important decisions on topics like the child’s school, healthcare and religion. The other parent may be granted visitation rights, but they do not have the right to make decisions on behalf of the child.

Joint Custody: In a joint custody case, both parents are awarded legal and physical custody of their child. Legal custody involves decision-making authority, and joint legal custody means that both parents have equal rights to make decisions about the child’s welfare. Physical custody involves the child’s living arrangements, and joint physical custody means that the child spends significant time with both parents. Joint custody requires effective communication and cooperation between the parents to make decisions in the best interests of the child.

Physical Custody: Physical custody refers to which parent a child primarily lives with. Physical custody can be sole, where the child primarily resides with one parent, or joint, where the child spends significant time with both parents. Physical custody can be shared or split based on various schedules, such as a 50/50 split, where the child spends an equal amount of time with both parents, or a schedule that suits the child’s needs and best interests.

Legal Custody: Legal custody refers to the right of a parent to make decisions about the child’s welfare, including education, healthcare, religion, and other important aspects of the child’s life. Legal custody can be sole, where one parent has the authority to make all decisions, or joint, where both parents share decision-making authority. Legal custody is important because it grants parents the legal responsibility to make final decisions regarding various areas of their child’s upbringing.

Bird’s Nest Custody: Bird’s nest custody is a type of custody arrangement where the child remains in the family home, and the parents take turns living in the home and caring for the child. This type of arrangement is unique because each parent takes turns moving in and out of the home, while the child remains in residence there. This type of custody arrangement requires a high level of communication and cooperation between the parents, as they need to coordinate their living arrangements and ensure that the child’s needs are met.

Split Custody: Split custody is a type of custody arrangement where there are two or more children involved, and each parent is granted custody of one or more of the children. For example, if a family has two children, one parent may have custody of one child, and the other parent may have custody of the other child. It is important to note that split custody is not as common, and is highly dependent on the child’s age, specific preferences and needs. 

When parents are deciding the best child custody arrangement, they should always put their children’s interests at the center. There are various types of child custody arrangements, including sole custody, joint custody, physical custody, legal custody, bird’s nest custody, and split custody, each with its own implications and requirements. It is essential for parents to understand their rights and responsibilities in child custody cases and work towards creating a parenting plan that promotes the well-being of their child. Consult with a qualified Kansas City child custody lawyer from the Law Offices of Daniel E. Stuart, P.A. if you need assistance navigating the complexities of child custody and ensure the best possible outcome for your child.

Common Misconceptions About Child Support Law

Our child custody lawyer will share that confusion and frustration for parents enduring the legal process that involves child support can involve a number of misconceptions. At the Law Office of Daniel E. Stuart, P.A., we believe in providing clear and accurate information to help you understand your rights and responsibilities. Here are some common misconceptions about child support law and the truths behind them.

Only Fathers Pay Child Support

Many people believe that child support is something only fathers are obligated to pay. This is not true. Child support is determined based on who has primary custody of the child and the financial circumstances of both parents. Both mothers and fathers can be required to pay child support, depending on the situation.

Child Support Ends When The Child Turns 18

While it is a common belief that child support payments automatically end when a child turns 18, this is not always the case. The termination of child support obligations can vary depending on state laws and the specific terms of the child support order. In some cases, support may continue if the child is still in high school, has special needs, or is pursuing higher education.

Child Support Amounts Can’t Be Changed

Many parents think that once a child support amount is set, it cannot be modified. However, changes in circumstances such as income, employment status, or the needs of the child can warrant a modification. Courts can adjust child support amounts to reflect significant changes in the parents’ financial situations or the child’s needs.

Child Support Covers All Expenses For The Child

Our legal professional will share that there is a misconception that child support covers all the expenses related to raising a child. In reality, child support is meant to cover basic necessities such as food, shelter, and clothing. It does not typically cover all expenses, such as extracurricular activities, medical expenses, or college tuition. Additional agreements may be needed to address these costs.

Child Support And Visitation Rights Are Linked

Many believe that if one parent does not follow visitation agreements, the other parent has the ability to stop paying child support. This is incorrect. Child support and visitation are separate issues. Failure to comply with visitation does not justify withholding child support payments, and vice versa. Courts handle violations of visitation agreements and child support obligations independently.

Only Biological Parents Can Be Ordered To Pay Child Support

While biological parents are most commonly ordered to pay child support, other individuals such as adoptive parents or legal guardians can also be required to provide financial support. The primary consideration is the legal responsibility for the child’s well-being, not just biological ties.

Child Support Orders Are The Same In Every State

Child support laws and guidelines can vary significantly from state to state. Factors like income calculations, allowable deductions, and enforcement methods differ across jurisdictions. It is important to understand the specific laws in your state or consult with a lawyer to get accurate information relevant to your situation.

Child Support Is Always A Fixed Amount

Child support is not always a fixed amount. It can be based on a percentage of the non-custodial parent’s income and can fluctuate with changes in income or employment status. Some states use a formula based on both parents’ incomes and the child’s needs, resulting in variable support amounts.

You Don’t Need A Lawyer For Child Support Issues

While some parents handle child support matters on their own, having a child custody lawyer can be extremely beneficial. Legal professionals can help ensure that the support amount is fair, that your rights are protected, and that any necessary modifications are handled correctly. A lawyer can also assist with enforcement actions if the other parent is not complying with the support order.

Child Support Always Covers Health Insurance

Another common misconception is that child support payments automatically include health insurance for the child. While health insurance can be part of a child support order, it is not always the case. Parents may need to make separate arrangements to ensure their child’s health insurance needs are met.

Get The Right Support And Guidance

To ensure that children receive the support they need and that parents fulfill their legal obligations, it’s important to understand the realities of child support law. If you have questions or need assistance with your child support case, we are here to help. Contact the Law Office of Daniel E. Stuart, P.A., who has been representing clients since 1994, today to speak with a qualified child custody lawyer who can provide guidance and representation tailored to your unique situation.