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January 2015 Archives

The rise of virtual visitation child custody cases in America

A new child custody law may affect how parents from Missouri relate to their children. Also known as 'Internet visitation" or 'electronic visitation," virtual visitation is now becoming a common legal term in which a parent might request to keep in contact with their child through the use of modern technology. In many cases, a non-custodial parent may wish to apply the terms of virtual visitation to a child custody order in court. The modification might be necessary in situations where a custodial parent is moving with the child to another state.

Pet custody cases

Missouri couples who are getting a divorce may find it difficult to settle disputes regarding the division of marital property, especially if the couple has a pet in the mix. Determining who gets to keep the family pet may be an emotional process for all parties involved, and if a couple cannot come to an agreement, the judge will have to make the decision for them.

How a 401(k) account is handled in a divorce

When a couple divorces in Missouri, they will need to divide their property, including real estate and bank accounts such as retirement savings accounts. Portions of an individual's 401(k) account may be awarded to a former spouse and dependents as part of the divorce agreement. If this occurs, a qualified domestic relations order will be issued by the court defining how the account will be divided and who will receive the funds. A QDRO is a court decree, or order, that identifies the recipient of the assets in a 401(k) account.

How is child custody determined in Missouri?

Divorcing parents in Missouri might benefit from understanding more about the state laws that could affect child custody arrangements. The court's priority in determining child support is to make judgments that are in accordance with the best interest of the child. Some of the relevant factors that courts typically consider include the wishes of both parents, the parenting plan submitted by both parties and the needs of the child to have a continuous relationship with both parents.

Does visitation and custody affect child support?

Custody and child support are closely related issues under Missouri law. The payment of child support can be affected by visitation and custody in a variety of ways, but there are important limitations that parents should be aware of. While understanding how the two relate is important, it is also important to keep in mind that only the court or the family support division can order changes in child support based on custody changes, and the amount of support does not change until it is so ordered.

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