For most divorcing parents, the most difficult issue is deciding on which will have the privilege of providing a home for the child. Unfortunately, no one can be in two places at one time – children included. And so when a couple divorces or separates, no matter how much each loves the child, he or she can only live with one parent. The courts of Missouri call that parent the custodial parent. And whether the custodial parent continues to live in the home once shared with the other parent or moves into a new home, the child will continue to live with that parent. The other parent is now the noncustodial parent. But just because the noncustodial parent no longer lives with the child, does not mean he or she doesn’t share in the child’s upbringing.

The Matter of Custody

When a divorce court awards custody to one parent it doesn’t mean the other isn’t a fit parent. It’s just that the judge has looked at all the evidence and testimony given, and has decided which living arrangements will be in the child’s best interests. Although every case is different, it all comes down to which parent, in the view of the judge has the stability, health, and ability to care for the child in the lifestyle he or she has become familiar with. The less disruption for the child or children the better and so in Missouri, as well as other states, a fair and equitable child custody agreement, will provide each parent with equal responsibilities and time so that the child can continue to develop a loving relationship with both. And so even while the custodial parent has physical custody of the child, it need not mean he has the right to make all the important decisions that come with child-rearing.

Custodial vs Non-Custodial Responsibilities

In an ideal world, the child would live on a fifty-fifty basis in both parents’ homes. But this world is less than ideal, and whether it’s the parents’ different work schedules, the child’s schooling and social activities, or geographical distance, this is rarely possible. And so one parent, the custodial parent will be granted primary physical custody of the child(ren) and the other, the non-custodial parent will be granted visitation rights. But this need not rule out joint custody.

Joint Custody

Joint custody can be broken down into three types.

  • Joint physical custody is the closest to the ideal world version. It provides the child with substantial time with each parent, the non-custodial as well as the custodial. Joint physical custody is an umbrella term in that it can range anywhere between a few days a week to six months at a time.
  • Joint legal custody gives each parent an equal say in decisions on medical care, education, and the religious upbringing of the child no matter what the living arrangements are
  • Sole legal custody gives only one parent the authority to make the above major decisions about the child’s life.

Non-Custodial Parental Rights

If a non-custodial parent has joint legal custody he or she also has legal rights.

  • First and foremost the non-custodial has the right to be able to see the child regularly. The schedule can either be decreed by the court or by agreement with the custodial parent. This is the right known as visitation rights.
  • However, being a parent means having decision-making authority, no more or no less than the individual had when still married to the custodial parent. These decisions include the child’s education, religious upbringing, and any situations that arise concerning the child’s health.
  • No matter the schedule of visitation worked out – how often and how long these visits are –  the non-custodial parent has the right to parenting time; that is to be treated not just as a visitor but to be afforded all the respect due a parent. This is the right known as parenting time. And parenting time comes with the understanding that the non-custodial parent will stay well-informed about the child’s schoolwork, will attend graduations and other ceremonies, and will do their part to celebrate  all the milestones of the child’s life
  • In addition to the above, the non-custodial parent has the right to access the child’s medical and school records.

Legal Non-Custodial Parenting Rights Are Not Carved in Stone

Just because a  non-custodial has been granted legal custodial rights doesn’t mean they are permanent rights. They can be revoked if the individual repeatedly cancels scheduled visitations or if he or she fails to properly supervise the child or provide a wholesome lifestyle during the periods the child lives in his household. Also, if the parent moves to another country, the agreement can be canceled. In these rare cases, a child custody hearing can be arranged wherein the parent presents his reason for the move. The judge will hear his reasons for the move and hopefully, an agreement can be reached between both parents.

Any Missouri parents who are facing a child custody hearing should consult the Missouri Courts website for information and then call a Missouri Child Support Lawyer for help in getting the type of custody that will suit everyone involved best.