F.A.Q.'s

What is involved in starting the process for a divorce or dissolution?
The first step would be the filing of a properly executed petition with the appropriate court. The court must have what is called subject-matter jurisdiction which would entail satisfying the requirements of residency or domicile within the state and county dictated by the statute. In Missouri the residency requirement is ninety (90) days and in Kansas the residency requirement is sixty (60) days. Without this threshold requirement being met the court would not have the jurisdiction to hear the matter and execute an order or decree of divorce, or dissolution, or like orders terminating the marital state.

How are Custody and Parenting Time Issues Decided ?
How can a parent remedy the frustration of being denied contact or parenting time with their child?
What is Child Support?

How are Custody and Parenting Time Issues Decided ?
If the parties to a Family Law case are able to reach an agreement as to an appropriate parenting plan for their children, the court will accept that plan in most circumstances. The parenting plan would include not only a parenting schedule for both parties, but it would also contain provisions concerning decision making, the children's schooling, child support, health insurance, daycare, college expenses, relocation, and a variety of other items. The goal of the parenting plan is to be as fact specific as possible for each case. If the parties are not able to reach an agreement then the court must make the final decision.

If the court makes the decision, that decision will be based on what the court determines to be in the best interests of the children. A variety of factors go into making that "best interests" determination, including the wishes of the parties and children, the need for the children to have frequent, continuing, and meaningful relationship with both parents and ability and willingness of the parents to actively perform their functions as mother and father for the needs of the child. In addition, the court will consider the interaction and interrelationship of the child with the parents and siblings and which parent is more likely to allow the children to have frequent, continuing and meaningful contact with the other parent.

How about Visitation Rights, including the rights of non-parents?
Generally a court will grant reasonable visitation or parenting time rights to a parent unless it is shown that such parenting time will be detrimental to the best interests of the child. It is a statutory requirement that the court consider a parenting schedule that promotes frequent, continuing, and meaningful contact between the child and both parents.

A non-parent can also be granted parenting time with a child in some cases.

There are specific legal rights for grandparents, step-parents and other non-parents. The specific remedies available vary from state to state.

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How can a parent remedy the frustration of being denied contact or parenting time with their child?

A variety of remedies are available to provide relief to the parent who has had his or her parenting time rights frustrated. These remedies may include a contempt of court or "Family Access" action. Such denials of parenting time may also be a factor for the court to consider in a motion filed by a parent to modify or amend the existing parenting schedule. A pattern of denying parenting time is often the event giving rise to modification lawsuit.

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What is Child Support?

Child support is a payment by one parent to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. In Missouri and Kansas, there are guidelines established by the Supreme Court in each state regarding the presumed amount of child support to be paid. In Missouri, the obligation to provide child support may continue through the child's college years. In Kansas, a parent's child support obligation is usually terminated after the child graduates from high school, although there are circumstances in which the obligation to pay support may be extended past high school.

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