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Welcome to the law office of Mark A. Wortman. Mark is a Kansas City divorce and family law attorney with over 23 years of experience. Because Mark focuses only on Missouri divorce and family law — and has put all of his experience in these areas — he has more knowledge and expertise in these areas than a general practice firm. He knows the law, the courts, and probably the opposing counsel. So he knows he can help you.
Mark is the author of the Missouri Divorce and Family Law Blog, which we welcome you to visit. The firm has provided all of the information on this website to be of help to you if you need assistance in a Missouri family law matter.
We work together to provide people going through one of life’s most difficult transitions with the guidance and support they need. We help you understand what to expect, explain your options and the legal process, and ensure that you know you’re not alone in the family law process. We’re at your side every step of the way.
In Missouri, there is a very strong preference for joint legal (decision making) and joint physical (sharing time with the children) custody arrangements. Note that this does not mean 50/50 parenting time, as there are many different types of schedules under a joint custody arrangement. The court usually defers to the parents in what is in the interests of the children, and there is strong preference among Kansas City area judges that the mother and father come to an agreement regarding custody. If this cannot be done, then the court will determine custody by examining the following: Wishes of the parents, stability of the parents, the need for frequent and meaningful contact with both parents, wishes of the child (if appropriate), the ability of the parents to adequately parent the children, the safety of the home, the parents' work schedules, any history of physical or emotional abuse against any person including the child, any physical or mental conditions that may affect custody, and any other relevant factors.
Child custody is divided into two categories in Missouri, legal custody and physical custody. Legal custody deals with decision making rights and responsibilities, whereas physical custody deals with who has the children and when. There is an overwhelming preference for joint legal and joint physical custody. Under a joint legal custody arrangement, both parents have an equal say regarding decisions for the children, such as education, healthcare, discipline, religion, and all other important decisions. Note that the day to day routine/care decisions are made by the parent who actually has physical custody at the time. In a joint physical arrangement, both parents share time on some sort of schedule, but that schedule is not 50/50 unless that is agreed by the parties. It is important to note that there are many different parenting schedules under a joint physical custody arrangement, and joint physical custody simply means that both parents have time with the children. There is no such thing as "full custody" in Missouri, although one parent will be designated for education and mailing purposes as the custodial parent. In limited circumstances, sole legal or sole physical custody can be awarded to one parent, which would exclude the other parent from decision making, physical parenting time, or both.
Yes, a mental exam may be ordered during a divorce or custody proceeding, but Missouri courts do not take these requests lightly. There must be a compelling reason to ask for a mental exam, and a party's mental health must be at issue to begin with. Many times, if a request for mental exam comes up, the court will order both spouses to undergo the exams.
Your choice of family law firm can affect your whole future and that of your children. It’s important to work with a law firm that will give you the advice and support you need throughout the legal process, and a strong foundation for your life after your family law case.
Knowledge is power, and we believe that the more you know about family law, the better equipped you will be to make decisions in your case. Review our latest articles.
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