When parents separate or divorce, one of the most difficult issues they face is determining custody arrangements for their children. In an ideal world, parents would always be able to come to an amicable agreement that puts the best interests of the children first. At Raza Family Solutions, we strive to take a collaborative approach to help parents work together toward a resolution whenever possible.
However, we also understand that despite best efforts, sometimes the other party may not act in good faith, and custody battles can turn contentious. In these cases, you need to be aware of anything that the other side could potentially use against you to gain an advantage. By understanding these factors in advance, you can take proactive steps to address vulnerabilities and strengthen your position.
1) Parental Fitness Evaluations
In Missouri custody cases, courts may order a parental fitness evaluation to assess each parent’s ability to provide their child with a safe, stable, and nurturing environment.
These evaluations typically examine:
- Mental health and emotional stability.
- Parenting skills and knowledge.
- Ability to meet the child’s physical and emotional needs.
- Home environment and living conditions.
- Relationship with the child and the other parent.
Negative findings in a parental fitness evaluation impact custody decisions significantly.
So, we recommend that you work with an experienced family law attorney who can help you manage this process and present your case in the best possible light.
2) Substance Abuse
Allegations of substance abuse by a parent can also have serious consequences when arranging custody.
Courts may consider evidence like:
- Drug test results.
- Witness testimony.
- Police reports or criminal records related to substance abuse.
- Medical records or treatment history.
If you’re facing these allegations, demonstrating your commitment to sobriety will be necessary to protect your custody rights.
3) Domestic Violence
Missouri takes histories of domestic violence seriously. Family law courts always prioritize the safety and welfare of children and may consider:
- Police reports and restraining orders.
- Medical records documenting injuries.
- Witness testimony from family members, friends, or neighbors.
- The child’s testimony or statements.
If you’ve experienced domestic violence, seek legal protection and support services before entering custody battles and fight for your rights and your child’s best interests.
4) Criminal Records
A parent’s criminal history usually impacts custody decisions, mainly if the offenses involve violence, substance abuse, or crimes against children.
Courts will consider factors like:
- Nature and severity of the crime.
- How recently the offense occurred.
- Evidence of rehabilitation and reformed behavior.
- Potential impact on the child’s safety and well-being.
If you have a criminal record, we recommend working with a St. Louis family law firm that can help you show the courts your commitment to positive change and your ability to provide a stable, loving environment for your child.
5) Parental Alienation
Parental alienation occurs when one parent actively undermines the child’s relationship with the other parent, often through manipulation, false accusations, or disparagement.
Examples of parental alienation may include:
- Making negative comments about the other parent in front of the child.
- Interfering with the other parent’s visitation or communication with the child.
- Encouraging the child to reject or fear the other parent.
If parental alienation is present in your custody case, you must document instances of alienating behavior and work with your Missouri divorce lawyer to present this evidence effectively in court to strengthen your position in the custody battle.
6) Social Media Posts, Comments & Pictures
Parties increasingly use social media evidence in modern Missouri custody cases.
You can use posts, photos, and messages that depict questionable behavior or parenting choices to cast doubt on the other parent’s fitness.
Examples may include:
- Photos or videos showing substance abuse or reckless behavior.
- Disparaging comments about the other parent or the child.
- Evidence of an unstable or unsafe living environment.
Maintaining a professional online presence during the divorce proceedings is wise to protect your custody rights. Avoid posting anything that could be misconstrued or used against you, and consider setting your accounts to private.
An experienced family law attorney can advise you on best practices for social media use during your custody battle.
7) Financial Stability
Missouri family courts consider the parent’s ability to provide a stable living environment and meet the child’s financial needs when making custody decisions.
Factors that judges may evaluate include:
- Employment history and income.
- Housing stability and living conditions.
- Ability to provide for the child’s basic needs, like food, clothing, and healthcare.
- Child support payment history, if applicable.
Demonstrating financial responsibility and planning and presenting evidence of your financial stability in court strengthens your position in a custody case.
8) The Child’s Preference
A Missouri family court judge may consider a child’s preference in custody arrangements depending on the child’s age and maturity level.
Generally, courts give more weight to the preferences of older children while also considering:
- Reasons behind the child’s preference.
- Child’s relationship with each parent.
- Any evidence of parental influence or coercion.
However, while the courts consider a child’s preference, it’s not the sole determining factor in custody decisions.
Courts must balance the child’s wishes with their overall best interests, including their safety, stability, and emotional well-being.
9) Parental Relocation
When one parent wants to relocate with the child, it may impact existing custody arrangements significantly.
Missouri courts will consider:
- Reasons for the proposed move.
- Distance of the relocation.
- Potential impact on the child’s relationship with the other parent.
- Feasibility of maintaining a meaningful relationship through visitation or other arrangements.
If you’re considering a relocation or facing a relocation request from the other parent, working with a Missouri family law firm that understands the legal complexities of family law relocation matters can be a game changer.
10) Interfering with Visitation Rights
Interfering with the other parent’s court-ordered visitation rights usually has serious consequences.
Examples of interference may include:
- Consistently canceling or rescheduling visitation without valid reasons.
- Refusing to allow the child to communicate with the other parent during parenting time.
- Making disparaging comments about the other parent to alienate the child.
Document any incidents of the other parent interfering with your visitation rights and seek legal counsel to enforce your rights and protect your relationship with your child.
Protect You and Your Child’s Rights in Missouri Custody Battles
If you’re facing a custody battle in Missouri, you don’t have to go through it alone. Our experienced family law attorneys at Raza Family Law Solutions are here to protect your rights and fight for your children’s best interests. We know Missouri’s custody laws and will work tirelessly to build a strong case on your behalf.
Take control of your future and your children’s lives. Contact us today to schedule a confidential consultation.
