Conflicts over child custody and support are one of the most emotionally challenging aspects of divorce. At Talbert Law LLC, we aim to guide our clients through the process with empathy and professionalism. Our firm offers personalized legal assistance in child custody matters, and we serve clients in Clay County and Jackson County in Missouri, and Johnson County in Kansas. Contact us today to schedule a consultation.

What Is Child Custody?

Child custody involves determining how parents will share responsibilities for their child's upbringing after a separation or divorce. This process involves determining two types of custody: legal custody and physical custody.

Legal custody refers to decision-making authority over important aspects of the child's life, including their education and healthcare, and physical custody pertains to where the child will live.

Child custody cases are often emotionally charged and legally complicated. As an experienced family law attorney, I understand the nitty-gritty of family law in Missouri and Kansas. With my guidance, you can make informed decisions that are in your child's best interest, while also protecting your parental rights.

What Is Child Support?

In both Missouri and Kansas, child support is calculated using guidelines that consider various key factors, including:

• Each parent's income

• The number of children

• Any special needs or expenses

While the process might seem complicated, it is designed to be fair and equitable for all parties involved. Parents can use online calculators provided by the state to estimate payments, ensuring transparency and clarity. Ultimately, the goal is to prioritize the well-being and financial security of the children involved.

Understanding Child Custody Laws

In both Kansas and Missouri, child custody and child support primarily focus on the child's best interests. The courts weigh various factors, including the wishes of the child and parents, the child's relationship with each parent, and each parent's ability to provide a stable environment.

Child Custody Laws in Missouri

1. Joint custody preference: Missouri law generally favors joint custody arrangements, recognizing the importance of both parents having a meaningful relationship with their child. The court considers joint custody unless it determines this would not serve the child's best interests.

2. Parenting plan requirement: Parents must submit a detailed parenting plan to the court in Missouri. This plan specifies custody arrangements, visitation schedules, and how decisions will be made about the child's upbringing.

3. Child's best interests: The court evaluates what serves the child's best interests using several criteria. These include the child's needs, each parent's parenting abilities, and the mental and physical health of all parties involved.

4. Domestic violence consideration: Any history of domestic violence plays a critical role in custody decisions. Missouri courts are required to consider the presence of any abuse or neglect and how it impacts the safety and well-being of the child involved.

5. Child's adjustment to home, school, and community: The court considers the child's adjustment to their home, school, and community. It also prioritizes the child's need for a stable and positive environment, which is critical for their well-being and development.

6. Willingness to foster a relationship with the other parent: The court also examines each parent's willingness to facilitate and encourage a close and continuing relationship between the child and the other parent. Cooperation and communication between parents are seen as beneficial to the child's welfare.

Child Custody Laws in Kansas

1. Best interest standard: Kansas law also prioritizes the child's best interests in custody determinations, focusing on the child's emotional, developmental, and physical needs as well as each parent's relationship with the child.

2. Joint custody consideration: Kansas courts prefer joint custody arrangements when appropriate, encouraging both parents to maintain active and meaningful roles in their child's life, contingent upon the absence of abuse or neglect concerns.

3. Parenting plan involvement: In Kansas, parents are encouraged to collaborate on a parenting plan that specifies custody and visitation schedules and decision-making procedures to ensure the child's welfare is consistently prioritized.

4. Impact of relocation: In Kansas, if a custodial parent wishes to move, they must notify the court and the non-custodial parent, who may object if the move could adversely affect the established custody arrangement or the child's relationship with the other parent.

5. Preference for stability: Kansas courts emphasize maintaining the child's existing living and educational environments, preferring arrangements that provide stability and continuity in the child's life. The court considers the length of time a child has lived in a stable environment and the desirability of maintaining continuity.

6. Consideration of child's preferences: While the court ultimately determines custody based on the child's best interests, Kansas law allows consideration of the child's preferences if the child is of sufficient age and maturity to express an informed opinion.

Understanding Child Support Laws

Like child custody, child support also primarily focuses on the child's best interests. To determine child support obligations and amounts, the courts will often weigh the income potential (current and future) of both spouses and take into account the child custody arrangements to make sure both parents provide for the child.

Child Support Laws in Missouri

1. Calculation of support: Missouri uses the Form 14 guidelines to calculate child support, considering factors like parental income, custody arrangements, and the needs of the child. Adjustments may be made for extraordinary expenses.

2. Parental responsibility: Both parents are financially responsible for their child, regardless of custody arrangements. Missouri law strives to protect the child's best interests through adequate financial support from both parents.

3. Duration of support: Child support in Missouri typically ends when the child turns 18. However, it can extend to 21 if the child is attending college or has special needs.

4. Health insurance requirement: Missouri requires child support orders to include provisions for the child's health insurance, so that medical needs are adequately covered.

5. Modification process: Parents can request a modification of child support orders due to significant changes such as income adjustments, a change in custody, or a change in the child's needs. This process typically involves filing a motion with the court.

6. Enforcement methods: The Missouri Family Support Division (FSD) is responsible for enforcing child support orders. Their tools include wage withholding, tax refund interception, and reporting non-payment to credit bureaus. Additionally, they may pursue legal action for non-compliance.

Child Support Laws in Kansas

1. Establishment of child support: In Kansas, child support is typically determined during divorce proceedings or when paternity is established. The Kansas Child Support Guidelines are used to calculate the amount owed, based on both parents' income, the number of children, and specific needs or circumstances.

2. Income shares model: Kansas employs the Income Shares Model, which estimates the amount of support that would have been available if the family remained intact. This model considers the combined income of both parents to determine proportional contributions.

3. Age of majority: Child support in Kansas generally continues until the child turns 18. However, if the child is still attending high school, it may extend until the age of 19.

4. Medical support: Kansas law mandates that provisions for medical support (such as health insurance) be included in child support orders. This ensures that the child's healthcare needs are met.

5. Modification of child support: Either parent can request a review and modification of child support if there is a significant change in circumstances, such as a change in income, employment status, or the needs of the child.

6. Enforcement of child support: The Kansas Department for Children and Families (DCF) handles enforcement actions for unpaid child support. Some measures for enforcing child support often include wage garnishment, interception of tax refunds, and even the suspension of driver's licenses.

How Can Our Firm Help?

Our approach to child custody is comprehensive and compassionate. Our experienced attorney emphasizes open communication to help our clients better understand the legal process and their responsibilities. We strive to resolve disputes through negotiation whenever possible, yet are prepared to advocate zealously in court if necessary.

We aim to help our clients reach child custody and support arrangements that promote the child's best interests, minimize conflict, and foster cooperative co-parenting.

Child Custody and Child Support Attorney Serving Missouri and Kansas

At Talbert Law LLC, we are committed to providing legal guidance for child custody and child support in both Missouri and Kansas. Family matters regarding children are often emotional. At our firm, we strive to blend our years of knowledge and experience to help you make informed decisions that are in the best interests of your child.

Located in Kansas City, Missouri, we serve clients throughout Clay County and Jackson County, Missouri, and Johnson County, Kansas. Contact us today to schedule a meeting.