Legal Question in Family Law in Missouri

Divorce final in Aug 2013 with joint legal custody with residential custody to me (mom). visitation for dad is every other weekend, split holidays, and 1/2 of summer vacation. I would like advice about modifying our custody agreement for these reasons: 1. noncustodial parent did not take the children 1/2 of summer, did not offer an alternative, did not offer to reimburse the 10% relief he gets in his child support based on him having 1/2 of summer (putting quite a hardship on me, but I love love love my kids so I did not argue about having them more than I should). 2. shortly before our divorce was final, dad physically assaulted our then-11 year old autistic child in the presence of our then-8 year old daughter. This was not just an aggressive spanking - my child was choked, thrown across the room twice, and hit in the buttocks,back,face,and head numerous times. DFS investigated, dad confessed, dfs took pity on him because he confessed and drop all charges. this information was suppressed by the lawyers and was not presented in our original custody decisions. the children are TERRIFIED of him (past allegations as well, of course, not a 1-time occurrence) and the children (now 10 and 12) would prefer to spend as little time as possible around him. 3. I am considering asking for full legal custody based on dad never coming to school meetings, extracurricular events (such as band concerts etc), doctor appointments, psychiatric appointments, and so forth. My reasoning on wanting full legal custody is so I can freely make the right decisions for my children, instead of being criticized from him when I do make a decision. I feel like I have to base my decisions on what will make the dad happy instead of what is in the best interest of the children. My question is am I asking for too much? is this reasonable? Would a court entertain my desires or brush me aside?


Asked on 2/06/15, 6:49 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If the situation and circumstances have xhNged, for the children, you might succeed in getting a modification. Keep in mind that your perspective may be colored by your feelings about the father. You might succeed in getting a contempt citation for the father not taking custody for half of the Summer, although he got the support discount. But, one time events are sometimes not punished by the Court. You should consult first with the lawyer that represented you in the custody hearings or divorce.

Good luck

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Answered on 2/07/15, 6:08 am


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