Family Law

Guardianships establish a legal, competent person or persons to make decisions and care for children whose parents are not caring for them or for incompetent adults who are not able to make decisions or care for themselves. For children, guardians act as parent, but guardianships are not permanent. They are regularly reviewed by the Court and can be set aside in appropriate circumstances. As with adoptions, natural parents can consent to them or natural parents may ignore the notice summoning them to court or otherwise fail to become involved in the court proceedings. Relatives may compete to become guardians of a child or parents may contest a guardianship. The Court makes the decision who will rear the child based on what the courts believe to be the child

The issue of who will rear children is part of many different law suits. It is the essence of adoptions, guardianships, paternity and juvenile cases and an important part of dissolution of marriage (divorce).

Once the court decides the times the children spend with each parent, it must determine if one parent will need financial assistance from the other. Missouri has a formula and a chart which Judges usually follow.

In cases where the difference in incomes between a husband and wife is significant, Courts will decide if one spouse should provide the other with support. Spousal support, called Maintenance in Missouri, can be a set amount for a term of years or can be modified by the Court upon a showing that circumstances have changed.

Because children grow and circumstances change, custody and support orders are modifiable in appropriate cases. In both paternity cases and dissolution of marriage cases parents can go back to court to change either a custody order or a support order that no longer fits the situation.