Child Custody Decisions 

So you are wondering how custody and visitation decisions are made. Simply put, child custody will either be decided via an agreement or by the court if contested. 

To sum up, decisions involving custody are resolved in one of the following ways: 

1. Agreement: If the parents agree on custody and visitation, after an informal settlement negotiation (in the presence of an attorney) or an out-of-court resolution option like mediation. 
2. The court makes the final decision after a contested dispute. 

Child Custody with unmarried parents 

The rights of each parent in this situation depend largely on if both parents are legally recognized as the parents. If the parents are not married, they will have to acknowledge the father’s paternity. If the couple does not choose to do this voluntarily, the court may order a DNA test. 

Both parents generally have legal rights to be in their child’s life. They usually have the right to parenting decisions as it pertains to education, religion, health, etc. It is usually best for all parties involved if the parents can come to an agreement on child custody and visitation out of court. This will allow for an agreement that is in the best interest of both parents rather than relying on a judge. 

The court may choose to give both parents shared custody, but in special cases, primary custody rights are given to one parent with visitation rights given to the other. This is done when it is believed to be in the best interest of the child. 

The main factors used to determine interest are: 

• Stability in the child’s education, home life, and community 
• Availability to see extended family 
• Abuse history 
• Child preference (the older the child, the more weight this has) 
• Physical, emotional, educational, developmental, and special needs of the child. 

Non-parent child custody 

Other family members may have an interest in the well-being of the child. Non-parents who have an interest in taking custody of a child can include stepparents, grandparents, or other blood relatives like aunts and uncles. 

Relatives and other individuals can file for custody rights of a child who is a minor. This, however, requires proof, showing that the current parents are unfit or have abandoned the child, or pose a threat to the child. If non-parent files for custody, a court will decide if the current parents are unfit, and whether the filing party can take care of the child.  

Stepparents more often than not do NOT have legal rights or responsibilities as it pertains to the child of their spouse. In order for a stepparent to gain custody and visitation rights, they would need to adopt the child, which would require another parent to forfeit their parental rights. 

Have more questions? 

If you have any more questions regarding child custody, do not hesitate to contact the family law experts at Flesner Wentzel Law today!

The post How child custody decisions are made appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

Mistake #1- Not knowing or understanding your expenses

While you likely know how much money you bring in each month, many often don’t know exactly where their money goes. When you are going through a divorce, it is important to begin tracking your expenses so that you are able to understand your future needs and maintain a good quality of life.

Mistake #2- Keeping the family home

Many times, individuals try to keep the family home without considering whether or not it is financially feasible. It may sound nicer and more convenient to not have to move, but it may not be realistic when the property taxes, mortgage, and even simple maintenance costs are taken into consideration. 

Mistake #3- Not considering a comprehensive view of your finances

Making financial decisions by looking at only one issue at a time is not a great way to make decisions. This view lacks a complete understanding of all the factors involved in your financial situation.

Mistake #4- Not understanding your debt

Debt shared between spouses is divided during a divorce, but if it is credit card debt, credit card companies don’t necessarily care who is deemed responsible for paying by the divorce settlement. They can and will still come after each spouse. 

Jefferson County Divorce Attorney

Looking for a Jefferson County Divorce attorney to help you navigate the divorce process? Call the attorneys at Flesner Wentzel to get started today. Contact Flesner Wentzel for a FREE consultation with a divorce attorney. Call our office at 636-317-5582. Se habla Español

The St. Charles family law divorce lawyers of Flesner Wentzel at 636-317-5582. Se habla Español.

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Each legal matter is different.  Past results are not an indication of future results.  

We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Additionally, time-sensitive or confidential information should not be sent through this website. 

The post Financial Mistakes to Avoid During Divorce appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

Many of the estate plans you will come across consist of a last will and testament. In Missouri, there are certain procedures that are followed when addressing a will during or after a divorce. The law states: “If after making a will the testator is divorced, all provisions in the will in favor of the testator’s spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce.” Put into simple terms, the law in Missouri will treat the will post divorce as if your now ex-spouse had died before you did. However, this law does not completely keep your ex-spouse from receiving property. Now that an important individual in your will is now void, the property might be passed to individuals you did not intend to receive the property. Also, any part of your will involving your now ex spouse, including sections for guardians of children, can become void, or ineffective.  

If your estate plan is more complicated than most, it might include a trust. Specifically a revocable, or irrevocable trust. Missouri trusts codes are very complex, and all trusts affect ownership rights to some degree. Trusts are not included in the law previously mentioned. Therefore, if you fail to amend or terminate a trust in which property is awarded before your divorce, this might allow your ex-spouse to inherit property. 

Regarding non-probate transfers such as a payable on death, there are protections awarded by Missouri law. The law states: “If, after an owner makes a beneficiary designation, the owner’s marriage is dissolved or annulled, any provision of the beneficiary designation in favor of the owner’s former spouse or a relative of the owner’s former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the beneficiary destination refers to marital status. The beneficiary designation shall be given effect as if the former spouse or relative of the former spouse had disclaimed the revoked provision.” 

For example, if a car is to be transferred to your ex-spouse upon death. Missouri law will treat your ex-spouse as having waived their right to claim the vehicle upon your death. Again, while this may keep your ex from receiving certain assets, and property, without a new beneficiary, the property may very well go through probate. 

Have more questions regarding divorce or premarital agreement? 

If you have any more questions regarding a premarital agreement, divorce, estate planning, or anything else family law-related. Please do not hesitate to contact the legal experts at Flesner Wentzel Law today!

The post How Does Divorce Affect My Estate Planning appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

Key terms used by Missouri Divorce Lawyers 

In Missouri, a divorce is referred to as a “dissolution of marriage.” When a spouse files for divorce, they are referred to as a “petitioner” with the receiving spouse being the
“respondent.”  

You cannot file for divorce in Missouri unless at least one spouse has resided in Missouri for at least 90 days. If neither of you or your spouse has lived in Missouri for the required time period. You will be required to wait to file your divorce. 

Getting the Divorce Started 

In order for the divorce to begin, the “Petition for the Dissolution of Marriage” form needs to be completed. All children involved in the marriage (meaning under 18 or unemancipated and under 21), must have their names included in the form, so that the court may make child support and custody orders. 

The website for Missouri Courts contains a pamphlet of fill-in divorce forms. These forms require a lot of information but need to be filled out. Read through all of the information carefully, gather all of the important information, then type it directly into the forms. You can then print them out to file with the court. 

When you file, you must pay a fee to the court or request a waiver for the fee. It is also good to bring more than one copy of your petition. When you decide to file. 

Servicing a Divorce Lawyers Petition 

In Missouri, the respondent is required to be served copies of the petition for dissolution by one of the following methods: 

• Receiving a copy from a county sheriff at the location in which the respondent lives or works. The sheriff will charge a fee to do this. 
• Receiving a copy of the petition by a process server-A private process server will charge a fee for the service. 

Have more questions? 

If you have any more questions, do not hesitate to contact the legal experts at Flesner Wentzel Family Law today. We would be happy to serve you!

The post How to Prepare to File for Divorce appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

There are many offices for a family law attorney St Charles in the area, and choosing the correct one is no light decision. The right or wrong lawyer can make a significant difference in how a divorce or similar family law case unfolds. Divorce is a very emotional process, which is why you need a lawyer you can trust to have an honest and open conversation with throughout the divorce process. 

Finding an easy to work with Lawyer

Your family law attorney St Charles should be your partner. You will most likely need to provide private information to them in order to better your case. Some of this information can be uncomfortable or embarrassing. A quality lawyer should understand this, and be able to ensure that the information is merely for use in bettering your case, and can help you apply the steps and conversations you are having to how they will benefit you in law. Make sure you are speaking to every attorney you are thinking about hiring. Their website can help with baseline information, but it is always good to have a conversation with them before hiring anyone. Ask questions to yourself like, “do they have experience with cases such as this one? Can I understand when they explain to me? Do I feel like I can trust them?” 

Make sure to be open with your prospective attorney

No need to beat around the bush. You are looking for a quality attorney, and most trained attorneys will understand that. Here are some of the main issues you should discuss with each prospective attorney: 

• How compatible are you with your attorney? It doesn’t matter how experienced they are, if your personalities butt heads, your case is going to be a difficult one. 
• How will communication work? Ask each of the prospective lawyers how you will contact them, during the process. Ask about their average response time, having a lawyer delay getting back to you, can be extremely stressful. 
• Working with your budget. Never forget to talk about money with your lawyer. Lawyers are trained to handle these types of questions upfront. Make your budget very clear, and discuss fees with your lawyer to ensure you can work with each other affordably. 

Recommendations 

Above all else, choose a lawyer, not a law firm. Ask your friends and family for recommendations on specific lawyers. Every lawyer is different and should be considered on an individual basis rather than a firm to firm basis. However, no matter the recommendations you receive, the decision should ultimately be yours, based on your needs and preferences. 

An Attorney you can trust 

 When looking for a family law attorney St Charles, you shouldn’t settle for anything less than the highest quality service. Flesner Wentzel has been serving the St. Charles area for decades, and we pride ourselves on friendly open communication, and fierce legal help to ensure your case goes your way. Contact the family law attorneys at Flesner Wentzel today, to see how we can help you!

The post Choosing a Family Lawyer appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

What Court can grant modifications? 

Only courts that have jurisdiction over the issues presented in the case and authority over the people involved may grant a modification. In Missouri, there is a uniform law that establishes a court’s authority to modify a parenting plan. If both parties and the child are still living in the state where the court declared their original judgment, then that state has the “continuing jurisdiction” to continue to make changes. This excludes all other states’ courts. If a parent or child moves out of the state, or the parenting plan was finalized in a different state than where they reside, then child support lawyers should be consulted to determine which court will hear your case favorably. 

Child Support lawyers modification steps: 

• Filed motion 
• Service of Summons 
• Completion of the litigant awareness program 
• Completion of a parent education program 
• Mediation 
• Discovery 
• Pre-trial hearing 
• Trial 
• Entry of judgment

Filing a Stipulation for parenting plan modification: 

The “Motion to Modify Child Support” is a form that must be formally completed and verified by the court before filing. This means both parents must confirm that every aspect of the document is true. It must also be signed by a notary. This can also be done at most banks for a small fee. 

You may also have child support lawyers to file the following forms: 

• Proposed parenting plan
• Family Court Information Sheet 
• Confidential filing information sheet 
• Form 14 (if Child support is being altered)
• Certificates of completion of the Litigant Awareness Program and a parent education program.
• Proposed Judgment on Stipulation

What does it cost to file? 

Filing fees are dependent on your local court rules. However, most of this information will be posted online. You can use the “find a court” feature to find your court, some courts won’t even charge a filing fee. 

More Questions? 

If you have any more questions or are in need of representation, do not hesitate to contact the legal experts at Flesner Wentzel Family Law today!

The post How to Make Changes to a Child Support Agreement in Missouri Part 2 appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

Parents who agree on changes can perform what is called a simple or minor change. The changes usually consist of days, times, and exchange locations. However, if a parent is seeking a more significant change, such as where the child resides for the majority of the time, a new court order must be put in place unless the agreement is filed with the court in a formal manner and approved. If the change is contested it is highly recommended that you consult a lawyer. 

Filing a parenting plan while in agreement 

When both parents agree on the changes to be made, they may file the changes together in court. This is called a stipulation. Depending on the change, a stipulation can be put into place by the court without the need for a formal hearing. You can also ask your lawyer for help in this matter. Even if you have limited funds, you can still receive help from a public attorney. However, public attorneys will only be able to help partly in matters regarding mothers’ and fathers child custody rights. A lawyer providing limited service may charge a small fixed fee or by the hour. This lawyer can be there for every step of the process, providing representation, drafting the motion, reviewing it, and appearing in court with you. 

Filing a parenting plan while contested 

When the parents disagree on the changes, in order for the changes to be made, a contested hearing must be conducted. The court requires that the parent requesting the change give evidence that meets the legal burden of proof that the change will benefit the child. The parent in conflict may also provide evidence to combat this proof. No matter which side you are on, it is recommended that you hire a lawyer as these cases can be legally complex. 

Learn more about mothers and fathers child custody rights

More information on this topic will be covered in part 2 of this blog. If you have any more questions do not hesitate to contact the legal experts at Flesner Wentzel Law. 

The post How to Change a Child Support Agreement in Missouri appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

How Do I Get Divorced in Missouri 

In order to dissolve your marriage, you will have to complete and file what is known as a petition for dissolution. This is a legal document that is meant to give the court information regarding who you are, who your husband or wife is, and the location you were originally married in. This document may also ask you various questions regarding your current marriage situation. In some countries, a Family Court Information Sheet may also be required. After this is done, a “summons,” is given by the court to your spouse, telling them that a divorce case has been filed, and giving them a copy of the necessary documents. In order for your divorce papers to be filed, you must pay a filing fee. This amount will vary and is set by your local county circuit court. If you are planning to hire a lawyer, you need to ensure that this lawyer is licensed to practice law in your county and that they know the time frames for filing the necessary papers for your case.

Where Should My Case be Filed? 

A contested or uncontested divorce case should be filed in the county where you or your spouse lives. 

What Happens if My Spouse Does Not Answer the Petition? 

If a spouse fails to answer a petition, they will be in default. Most of the time, this means that the spouse that filed the case will be granted the dissolution in accordance with the terms that the spouse had set in the petition. However, a judge will refuse to enter a money judgment against your spouse if they default. The court is also likely to not send the other spouse into default if that spouse can prove they had good cause in delaying their response. 

Is Missouri a “No-Fault” Divorce State?

Missouri does allow no-fault divorces. In a no-fault divorce, a spouse simply makes a claim that the marriage is broken beyond repair and has no chance of being saved. This statement means that the couple no longer is able to get along or make their marriage work, but places no blame or fault on either party. This typically leads to a cheaper, faster divorce.

How do I File My Case if I Can’t Find My Spouse?

If you are in a situation where you do not know where your spouse is currently residing, you need to file your case in the county where you are living. Then, your spouse can be served through alternative means. Additionally, you may hire a private investigator who can help you to locate them.

Divorce Attorneys at Flesner Wentzel

While these are some of the most common questions surrounding divorce in Missouri, this list is far from complete. Divorce is a complicated and confusing time, and our attorneys understand that. We will be happy to answer questions about uncontested divorce and more. Contact Flesner Wentzel for a FREE consultation with a divorce attorney. Call our office at 636-317-5582. Se habla Español

The St. Charles family law divorce lawyers of Flesner Wentzel at 636-317-5582. Se habla Español.

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Each legal matter is different.  Past results are not an indication of future results.  

We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Additionally, time-sensitive or confidential information should not be sent through this website. 

The post Divorce FAQ’s appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

Ready to learn about the process? Flesner Wentzel, a family lawyer in St. Charles is here to explain how the grandchild adoption process works in Missouri. 

What is Adoption?

Adoption is the process by which the legal transfer of parental rights occurs. The rights are transferred from the birth parents to the adoptive parents. In the case of grandparents/grandchild adoption, the right would transfer from the birth parents to the grandparents. 

Adoption in Missouri

In Missouri, as long as an individual is over the age of 21, anyone is eligible to apply to become an adoptive parent. To become an adoptive parent, an individual must go through an application, training, and assessment process. Included in this process are items such as background checks, financial discussions, health screenings, and home assessments. 

For a grandparent to adopt their grandchild, they must meet the following requirements:

1. Child abuse/neglect check: This check, as well as a criminal record check that includes fingerprints, must be done
2. Health: Have good physical and mental health
3. Income: Have a stable, steady income
4. Training and Assessment: Complete the adoptive parent training and assessment process 

Your Family Lawyer in St. Charles

Are you ready to start the process of adopting your grandchild? Flesner Wentzel can help. Contact Flesner Wentzel for a FREE consultation with a family law attorney. Call our office at 636-317-5582. Se habla Español

The St. Charles family law divorce lawyers of Flesner Wentzel at 636-317-5582. Se habla Español.

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Each legal matter is different.  Past results are not an indication of future results.  

We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Additionally, time-sensitive or confidential information should not be sent through this website. 

The choice of a lawyer is an important decision and should not be based solely upon advertisements.  

The post How Do I Adopt My Grandchild appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.

When does voluntary termination of Parental Rights Occur? 

Voluntary termination of parental rights in Missouri usually occurs during the adoption of a child, in which the birth parents would consent to have their parental rights terminated, so that the child may be adopted by another family. If the parent believes this would best support their child’s future, and is the best course of action they may voluntarily terminate their parental rights. In a situation in which voluntary termination of parental rights is deemed the best course of action, it is required that the parent voluntarily terminating their parental rights does so knowingly, intelligently, voluntarily, and in writing. The facts surrounding the voluntary termination of parental rights will be considered when determining if those requirements have been satisfied. 

What must happen before Voluntary Termination of Parental Rights Occurs? 

In order for the voluntary termination of parental rights Missouri to occur, both the parent terminating their rights, and the court must find that termination is in the best interest of the child. The child must be at the very least, 48 hours old if the child is being adopted. In the event of an adoption, the adoption must comply with normal requirements. This means a review and acceptance procedure must be conducted. Consent for the adoption can be withdrawn at any point in time prior to the reviewing and acceptance of the adoption by a judge. If an individual wishes to withdraw consent, they must do so before it is approved by a judge, and they can do so in either writing or verbally. However, verbal withdrawal of consent must be specifically stated.  

These are the requirements of voluntary termination of parental rights in Missouri. Any situation which would involve contesting parties or the mandatory termination of parental rights would have different requirements in place. It is recommended to consult a legal professional before pursuing the voluntary termination of parental rights. 

If you want more information about the voluntary termination of parental rights, you can contact Flesner Wentzel to learn more.

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Each legal matter is different.  Past results are not an indication of future results.  

We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Additionally, time-sensitive or confidential information should not be sent through this website. 

The choice of a lawyer is an important decision and should not be based solely upon advertisements.  

The post Voluntary Termination of Parental Rights Missouri appeared first on St. Charles Family Law and St. Louis Divorce Attorneys Flesner Wentzel.