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Father Custody

Fathers Rights in Missouri: A Short Summary   by Kirk C. Stange, Esq.

in Civil Law  

For various reasons, including old-fashioned stereotypes, and the outdated legal principal of the tender years doctrine (a doctrine that provides that custody of children under 13-years of age should be awarded to mothers), fathers are often seen as unwilling or incapable of caring for their children. However, many fathers can provide their children with the same care, affection and parental guidance that a mother can.

In fact, there is no presumption in Missouri law that a mother is automatically entitled to custody. The tender years doctrine has long been abolished in Missouri. In contrast, there is actually a presumption of joint custody, although joint custody does not necessarily mean equal visitation time for both parents. When the facts of a case call for it, courts can and do award custody to fathers, based on the principle of what is in "the best interest of the child."

 
 
If you work a full-time job, travel often and the mother has been the primary caretaker for the children, then sole physical custody may not be likely (unless the mother is incapable of or derelict in caring for the children). However, if you have played an active role in parenting the children, caring for their needs, attending medical appointments, attending school functions and PTA meetings, then the Courts will look at the history and may determine that joint or even full custody should be awarded to you.

It is important that a father seeking joint or fully custody help themselves by: (a) having adequate housing for the children; (b) living in a good school district; (c) having a work schedule that makes joint or sole custody plausible; (d) exhibiting patience and an even temperament (and avoiding what we call a "bar fight" mentality); (e) complying with all court orders; and (f) making a positive impression with the guardian ad litem, if one is appointed.

A guardian ad litem is an attorney appointed by the court to represent the children. It is imperative that a father in any custody case make a positive impression with the guardian ad litem. Although each Judge will make and independent analysis of the case before them in determining custody arrangements, Judges often rely heavily on a guardian ad litem's recommendation and it is usually an uphill battle if the guardian ad litem does not support your cause.

Candidly, not every father is going to get equal time with his children. However, every father should have an equal right to custody. The attorneys at Stange Law Firm believe in this principal. In representing many fathers in custody battles, our goal is to help fathers prepare and present a reasonable case for joint or sole custody. It is imperative that fathers follow the advice of their attorney in seeking sole or joint custody.

Attorneys at Stange Law Firm have obtained sole custody and joint custody for many fathers.


 

About the Author

Kirk Stange is a partner at Stange Law Firm, LLC. You can find out more information by going to their websites Divorce and Family Law Lawyers | St. Louis and St. Charles, Missouri or Fathers Rights | St. Louis and St. Charles, Missouri


 

 

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