Legal Question in Family Law in Missouri
Non-married partners custody agreements
When the parents of a minor child, who are not married
separate, is there an easy way for them to assign
custody?
What if before any formal custody arrangement has
been made, one parent wants to take the minor child
out of the resident state?
How do they assign legal custody?
They would like to make this a joint custody agreement.
1 Answer from Attorneys
Re: Non-married partners custody agreements
If the parents were not married when the child was born, and if there has been no legal determination of paternity through the division of child support enforcement or through the courts, then the biological father of the child is not the legal father of the child and has no legal rights whatsoever. If its the mother who wants to remove the child from the state under these circumstances she has every right to do so. Once there has been a legal determination of paternity the father can have court ordered visitation or even an order of custody or of joint custody in certain situations. Once there is an initial determination of custody, the courts may consider a request by one of the parents to relocate out of state and either grant it or deny it depending on various factors. In "relocation" cases the court will always consider what is in the best interest of the child. If the court allows the relocation out of state, the court usually makes special provisions to ensure meaningful contact and visitation by the parent remaining within the state. I hope that this response has been helpful for you.I have handled many such cases, and I would be happy to offer you a free consultation if you would call me at 314-727-2822.