Experienced Kansas City Attorney For Child Custody, Support And Modification
Court orders for child custody, visitation or child support that used to work for your family might not work for you today. That is where Samani Law, LLC, comes in. We help parents modify existing court orders to reflect their current needs.
Since 2019, we have served families throughout the Kansas City metro area. Our family law attorney, Tyse Samani, has spent more than a decade practicing law. Whether your case involves reaching an agreement through negotiations or standing up for you in court, we are here to provide assertive representation.
Child Custody And Child Support Orders: What To Know
Child custody involves two distinct parts. Legal custody determines who makes decisions for the minor involving:
- Education
- Health care
- Religion
- Community involvement
Physical custody determines where the child lives. When issuing a custody order, most courts prefer to have children maintain frequent contact with both parents.
Child support is a form of payment that contributes to the rearing of a child. The court calculates these payments based on:
- Income
- The cost of health insurance
- Childcare expenses
- Parenting time
Sometimes, the initial court order no longer fits the reality of your life. You may need to change the terms of your parenting plan or the amount of monthly support. We assist clients who need to modify these orders to reflect their current needs.
How Post-Judgment Modifications Work In Missouri And Kansas
A post-judgment modification is a legal request to change an existing court order. You cannot simply stop following a court order because your circumstances changed. You have to ask for a formal update.
Both Missouri and Kansas require you to show a substantial, sustained change in circumstances so significant that the original order no longer serves the child’s best interests. We can review your situation to see if a post-judgment modification is right for you. Our child custody attorney handles the paperwork and the court appearances, always protecting your parental rights during the process.
Understanding Paternity Versus Modification Cases
Many people confuse paternity cases with modification cases. These are the basics:
- Paternity: When the parents were never married, the court must establish who the biological father is. This creates a legal relationship between the father and the child. After establishing paternity, you can seek child custody or child support.
- Child custody or support modification: In these cases, a legal order already exists. You are not starting from scratch. You are asking to change a previous decision.
If you were never married and do not have a court order, you probably need a paternity action rather than a modification. Our child custody lawyer will help you identify which path applies to you so that you do not waste time on the wrong track.
When Can I Modify Custody And Visitation?
When evaluating a petition for a child custody or parenting time modification, the court looks for a change that affects the welfare of the child. You can modify custody if:
- The current schedule causes harm to the child.
- A parent relocated to a different city or state.
- The child’s educational needs have changed.
- One parent consistently denies the other parent their scheduled time.
- A parent can no longer provide a safe environment.
A judge will listen to the evidence and weigh what is best for the child. Both parents can agree to these changes outside of court. If you agree, we can draft the new parenting plan and submit it for a judge to sign. If you do not agree, we must go to court.
How Can I Change Child Support Payments In Missouri Or Kansas?
Child support modifications focus on financial shifts. You may seek a modification for the following reasons:
- A parent experienced a 20% change in monthly income.
- The cost of health insurance for the child increased or decreased.
- The child now has extraordinary medical or educational expenses.
- The physical custody schedule changed significantly.
- A parent became disabled and cannot work.
Your child support attorney will help you gather the necessary documents to prove your case. If both parents agree to a new amount, the process moves quickly. If there is a dispute, you must file a petition and take the matter before a judge.
What Is The Biggest Mistake In A Custody Dispute?
The biggest mistake a parent can make is dragging the child through the legal conflict. Another major mistake is failing to follow the existing court order while the case is pending. You must respect the current rules until the judge changes them.
How Hard Is It To Get Full Custody?
Getting full physical and legal custody is difficult in Missouri as well as in Kansas. Both states’ family law policies favor joint legal and physical custody. In fact, Missouri recently updated its laws to strengthen the presumption of joint custody. Judges do not typically award full custody except in cases involving abuse, neglect or substance dependency.
Who Is Most Likely To Win Custody Of A Child?
Missouri law prohibits judges from favoring a parent based on their gender. Mothers do not have an automatic advantage over fathers. The judge looks at which parent is more likely to allow the child frequent contact with the other parent. They also look at the existing relationship between the parent and the child. Our custody lawyer works to highlight your strengths as a parent.
Ask A Lawyer Whether A Modification Is Right For You
At Samani Law, LLC, we provide the guidance that you and your children need when it is time to update a child custody or child support order. If you live in the Kansas City metro area, we are ready to handle your case with the care that it deserves. Set up a completely free consultation with a custody attorney by calling 816-912-3561 or by using our online contact form.
