In Missouri, under custody laws for unmarried parents, single mothers often receive full physical and legal custody over their child. If the mother was unmarried at the time their child was born, they will also receive all of the legal rights of being the custodial parent.
The mother will be the custodial parent in cases when the biological father was not listed on the child’s birth certificate and did not try to claim any rights over the child when it was born. When no steps were taken by the father to establish their paternity, the mother will have the only claim to the child.
Custody issues commonly arise when biological fathers request rights over their children, including visitation or custody rights. A biological father can ask for these rights even if they were not ever married to the mother of the child.
If a Missouri court is handling a case involving a child, it has to make decisions following the child’s best interests standard. If the child’s mother thinks that the child’s father may not be able to or be fit to care for their child or that giving them rights over the child would not be in the child’s best interests, she can request sole physical and legal custody rights.
To get additional information on single mother custody rights in Missouri, a child’s parent can schedule a legal consultation with a local Missouri lawyer.
Are There Different Types of Child Custody?
Yes, there are various different types of child custody that parents may have. A court will do its best to order arrangements that it thinks are in the best interests of the child.
The types of custody that parents may have include:
- Sole custody
- Joint custody
- Legal custody
- Physical custody
Sole custody
When a parent has sole custody of a child, they are awarded most of the rights over their child. If, however, the court determines it is necessary to give sole custody to one parent, the child’s other parent will have generous visitation rights.
Sole custody is usually not ordered if both parents are involved in the child’s life. It is more common in cases of single parents.
Joint custody
When a child’s parents have joint custody over the child, they will share the responsibilities associated with raising the child. If a child’s parents have joint custody, they can have joint legal custody, joint physical custody, or both.
Legal custody
Legal custody provides parents with the right to make decisions about the child, including important issues such as the child’s:
- Healthcare
- Education
- Religious practices
Physical custody
A parent with physical custody is the one with whom the child will reside. That parent will also be responsible for the child’s daily needs, including their food, clothing, and daily transportation to things such as doctor’s visits, school, and any other necessary appointments.
In some jurisdictions, parents can have equal physical custody. With this type of arrangement, the child will live with both parents for equal amounts of time during a year.
Who Determines Child Custody?
Child custody can be determined by the parents if they make an agreement or by the court handling the case. A child’s parents are permitted to reach their own agreement on the custody arrangement they will follow, which can give them the ability to consider their unique circumstances and schedules.
When the parents of a child come to their own agreement about child custody, an attorney can draft a custody agreement that outlines their responsibilities and rights related to their child. A custody agreement may include any aspect of custody, for example, which parent will have primary custody as well as the visitation schedule for the other parent.
When the parents of a child come to their own agreement, it has to be approved by the court before it becomes legally binding. When parents take advantage of the ability to make their own agreements, it can help relieve some of the stress associated with having a third party not familiar with their routines making decisions about their case.
A court will typically approve a custody agreement that parents reach, as both parties will be more likely to comply with its terms.
Can a Father Take a Child Away From the Mother?
A biological father usually cannot take away their child from its mother because it may be considered parental kidnapping. Courts will make child custody decisions in Missouri following the child’s best interest standard when dealing with these types of cases, as noted above.
Even when the child’s mother is deemed unfit, their father may not receive sole custody or the right to take their child immediately. First, the parties will need to go through the formal legal requirements, which likely includes a hearing and an order from the court.
Children are typically only taken away from their mother immediately if they are in danger. Courts may give child custody to a child’s biological father if:
- The child’s mother has passed away
- The mother wants to sign away her parental rights
- The mother is determined to be a danger to the child
When a court handles child custody issues following the child’s best interests standard, it will typically consider:
- The lifestyles of each parent
- The emotional states of each parent
- The age of the child
- The employment and financial states of both parents
- The child’s medical, physical, and emotional needs
Can I Move With My Child Without the Father’s Permission?
When the mother of a child is considering moving, whether that is within the same town or to a new state, they will need to ask for a modification of their custody order or agreement from the court. They will likely need to show the court that the move will be in their child’s best interests.
This commonly happens when a parent obtains a better or a new job. If a parent’s new job requires them to move, the parent will be able to argue that the move is in the child’s best interests, as they will be able to better provide for their child financially.
Generally, parents are not allowed to move out of a state without getting permission from the court. Disputes and issues involving interstate child custody can be complex and involve custody laws in multiple states.
If a child’s mother moves without getting permission first, they can lose some of their custody rights and face jail time. If, however, the mother of the child was not ever married to the father of the child and no court order exists, the child’s mother is free to move anywhere at any time.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a Missouri single mother who has questions regarding your custody rights, a Missouri child custody attorney can provide you with advice and representation. When you have issues that involve your children, they can be some of the most difficult and emotional ones you handle.
Your custody attorney can help you gain a better understanding of the Missouri custody laws that will apply to your case, ensure your parental rights remain protected, and help you get the outcome you want. Additionally, your lawyer will handle all documents that have to be filed and represent you whenever you attend negotiations or court appearances.
LegalMatch provides no cost attorney matching services that will help you find a custody lawyer near you that only takes around 15 minutes to use. After you submit your question on the website, you will get responses in around 24 hours from LegalMatch member attorneys who can help you resolve your concern.
