Kansas City, Missouri Family Law Attorney Allen S. Russell, Jr. Practice Areas and Legal Definitions

Divorce:

A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. Kansas City, Missouri divorce lawyer Allen S. Russell, Jr. has the experience and commitment to detail to help you through every phase of your divorce case.

Interstate Jurisdictional Issues:

When faced with a relocating custodial parent, the court will generally require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. These so-called move-away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Assistance of counsel is highly recommended if there exists disagreement between the parents. Issues involving two or more different states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) and the Federal Parental Kidnapping Prevention Act (PKPA).

Custody:

Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:

Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child’s living expenses; i.e., food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The State of Missouri has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.

Child Visitation:

The right of a non-custodial parent to visit or spend time with his or her children is a crucial legal arrangement. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. Child visitation can take a variety of forms or schedules. Some common arrangements include the following:

• Alternate weekend visitation with the non-custodial parent, including three-day holidays.
• Mid-week visitation with the non-custodial parent.
• Sharing of the child during periods of school recess: winter, spring and summer.
• New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years.
• Mother's Day with Mother, Father's Day with Father.
• Alternate years on the child's birthday.
• Open telephone contact by the parent who does not have actual physical custody of the child.
• Exchange of a few days of visitation as mutually agreed without the need for a change or modification of the court order.

Kansas City, Missouri family law Attorney Allen S. Russell, Jr. will stand up for your child visitation rights.

Paternity:

Establishing legal fatherhood and the rights and duties that accompany it is known as paternity. There can be a difference between a biological father and a legal father. When a child is born, the mother’s name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby’s father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity.

Collaborative Law Alternatives to Litigation:

You won't find Collaborative Law in the statutes or administrative regulations, but you will find it in the professionalism and integrity of those who practice law. The basic attitude marking Collaborative Law is a focus on solving the problem, not fighting the fight. Simply stated, it is treating the process as a way to "trouble shoot and problem solve" rather than to fight and win.

While no two situations are alike, the emphasis in the approach is to find a way in which the lawyers can work with the parties that will achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet with their Collaborative Lawyers to work on a settlement. Basically, attorneys in a collaborative legal case are committed to finding ways to achieve settlement that will work best in the case. The philosophy of Collaborative Law is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial. Call Attorney Allen S. Russell, Jr. for an appointment to learn how Collaborative Law can work for you in your divorce case.

Take Action to Protect Your Rights:

If you or a loved one is facing a divorce, paternity or child custody case in the courts of Jackson County, Clay County, Platte County, Ray County, Cass County, Johnson County or Lafayette County, Missouri, and need the help of an experienced family law lawyer, contact Attorney Allen S. Russell, Jr. today at 866-736-1920, or complete the contact form provided on this site to begin your free consultation.