Question:

What steps do I need to take to file for joint legal and physical custody of my children?

Answer:

The steps you will need to take depend on a number of different factors. For example, are you currently married to your children’s mother? Has an action for divorce already been filed?

If you’re married to your children’s mother, but now separated, the only way to get a court order regarding custody and placement is to file for divorce. Custody and placement will be determined during the course of the divorce.

If you are not married to your children’s mother, you are not residing with her and you want a court order that spells out your custody and placement rights, you will likely have to begin by filing a paternity action. A paternity action, or Missouri’s equivalent, is where the court makes a formal finding that you are the father of the children and then makes a formal order as to your custody and placement rights.

If you have already been adjudicated the father of the children, but no court order exists spelling out custody and placement, then you may need to file a motion to establish custody and a placement schedule.

Because I do not know the specifics of your situation, it is difficult for me to be specific with any recommendations. However, custody and placement are often complex issues and securing an order for joint legal custody and joint placement can be difficult and time consuming depending on your circumstances.

As such, you should contact a domestic litigation attorney as soon as possible to discuss your situation and the necessary process and procedure in Missouri for getting a court order for joint legal custody and physical placement.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.