Family law is an area of law that deals with all aspects of family relations. Kansas and Missouri Attorney Allen S. Russell, Jr. is qualified and experienced in all aspects of family defense lawsuits. Family law encompasses:

• adoption
• child custody and visitation
• children's rights
• child support
• spousal support (alimony)
• separation agreements
• civilian and military divorce (dissolution of marriage)
• marital property division (equitable division)
• elder law matters
• estate planning
• estates and trusts
• wills and will contests
• probate
• insurance
• cohabitation agreements
• pre-marital (pre-nuptial) agreements
• marriage and other legal issues pertinent to the family

Family law courts generally hear cases pertaining to dissolution of marriage, legal separation of the parties, nullity of marriage, child custody, child and spousal support, elder law legal issues, domestic violence petitions, and estate planning cases like wills, will contests, guardianship, insurance, probate, trusts and other estate related legal issues. As a client you deserve and you will receive prompt personal service from an attorney whose job it is to help you. Allen S. Russell, Jr. believes he is in a service industry, where the attorney works for the client not the other way around.

Allen S. Russell, Jr. has handled a variety of complex Family Law cases in Missouri and Kansas. In addition, Mr. Russell is a frequent author and speaker at Family Law seminars. Allen’s goal is to provide quality big firm legal advice and services in a small firm atmosphere. By meeting with you personally, he will be able to have a better understanding of your situation so that he can effectively and accurately communicate your case to a jury.

So, if you or someone you know has a divorce or family law issue and is need of an attorney who will zealously represent your interests, contact Kansas and Missouri Divorce Attorney Allen S. Russell, Jr. toll free at 866-736-1920 or by completing the attached contact information form.

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
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.

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.