How to Reverse a Sole Custody Order in Missouri

By Elizabeth Rayne

Provided the existence of certain conditions, a parent can be successful in reversing a sole custody order in the state of Missouri. An important first step in the process is understanding the difference between legal and physical custody, and that modifications of existing arrangements require a showing of new facts coming to light after the original order. Notice must be provided to the other parent, and if the parties cannot agree on a parenting plan, the judge will rule in favor of the modification if it is in the best interest of the child.

Sole Custody Overview

Sole custody refers to a custody arrangement where one parent has both legal and physical custody of the child. Legal custody refers to which parent has responsibility for issues concerning the health, education and welfare of the child, and for making major decisions for the child. With sole physical custody, the child resides with one parent, while the noncustodial parent may have visitation rights set by the court. Although one parent may have sole custody, it is also possible for the court to award sole legal custody to one parent and shared physical custody to both parents, or vice versa.

Determining Custody

Before going to court for the initial custody order or modification, parents are encouraged by the court to reach a parenting plan on their own. When parents cannot come to an agreement, the court will determine the custody arrangement. The primary concern throughout the custody process is the best interest of the child. Some of the factors the court may consider include the wishes of the parents and the child, changes in the child's schooling, and the mental and physical health of each parent.

Protect your loved ones. Start My Estate Plan

Modification

In order to reverse or modify an existing custody order in Missouri, you may first contact the other parent to determine if you can reach an agreement without going to court. However, if you do not come to an agreement, you must convince the court that the change you're seeking is in the best interest of the child. You must provide evidence that there has been a change in circumstances since the original order or the reasons for changing the custody arrangement were unknown at the time the first custody order was awarded.

Motion to Modify Custody

In order to reverse the custody order, you must file a Motion to Modify and supplemental forms with the court that issued the existing custody order. You must serve the other parent with the motion and attached forms. If the other parent contests the modification, the court may schedule a hearing. Before the hearing, the court may require the parents to complete a litigant awareness program, parent education program, mediation, discovery or a pre-trial hearing. At the hearing, you must present evidence to show the custody order should be modified by demonstrating circumstances have changed since the original custody order and modification is in the best interest of the child.

Protect your loved ones. Start My Estate Plan
Kentucky State Child Custody Guidelines
 

References

Related articles

Filing for Physical Custody in Virginia

Both parents and Virginia courts are primarily concerned with what is in the best interests of the child in a divorce case. Therefore, a parent may be awarded joint or sole physical custody based on this standard. Custody orders, however, may not always be permanent. Should circumstances change, either parent may ask the court to modify the custody order.

Pennsylvania State Regulations About Proximity of Parents to Children in Divorce

Child custody and divorce cases can be highly contentious for both parties. Some parents wish to move away to avoid the stress of contact with the other parent. And, in some cases, the parent may want to move to limit the parent's contact with the child. This can be damaging to the child, and Pennsylvania custody decisions are made according to the child's best interests. Consequently, parents who wish to relocate must follow a specific procedure, and the court will not always permit relocation of the child.

How to Get Full Custody of a Child in Texas

If you cannot agree on custody terms with your child's other parent and you desire full custody of your child, you will need to be prepared to engage in a custody battle. . Obtaining full custody in Texas is difficult as there is a presumption that joint custody will be most beneficial to the child. Before you begin, determine if you already have a custody order regarding your child. If you have not previously filed for custody you will need to seek a new custody order with the court. If you already have an custody order, you will seek to modify that order.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Florida Child Custody Guidelines

Custody arrangements are called "time-sharing plans" in Florida. When parents divorce or separate, they will need to ...

How to Apply for Sole Custody in Baltimore, Maryland

In some cases, sole legal custody or sole physical custody is in the best interests of a child. For a parent wishing to ...

California's Laws on Custody and Visitation for the Noncustodial Parent

Navigating child custody laws in California can seem like a daunting task for parents. For the non-custodial parent, it ...

Sole Custody Vs. Parental Rights in Michigan

A determination of the degree to which each parent should be involved in the raising of minor children is an important ...

Browse by category
Ready to Begin? GET STARTED