Springfield Divorce & Family Law Blog by Stange Law Firm, PC

In a Missouri divorce, there are many issues to navigate. One of the most complex is when the couple has recently had a child and must formulate a visitation schedule. Child custody, support and visitation can spark many areas of dispute. That's why it is important to understand how to address these situations effectively.

There are certain factors to consider with a visitation plan for an infant. New parents can face challenges at the beginning, including understanding when the child is crying due to hunger or because of fatigue. When handling visitation rights, it is important to be confident in the other parent. Discussing thoughts and concerns could be beneficial. Beginning the visitation sessions intermittently can prepare for longer visits. At first, it might be better to have more visits through the course of a week but of shorter duration. Visitation time could be expanded later.

If you are not married to the mother of your child in Missouri, it is advisable to legally establish paternity as soon as it is feasible to protect your parental rights. This typically involves the administration of a DNA test. If your child is not yet born, you may wonder if you can get a head start on the process and have your DNA paternity test completed now. This is scientifically possible, but it may not be a good idea, and you may have a hard time finding a doctor willing to assist you in that regard. 

Before a DNA test can take place, it is necessary to collect samples of DNA from you, the child and the mother. For you and the mother, this is usually a simple matter of swabbing the inside of your cheek to collect cells and saliva. According to the Cleveland Clinic, there are also two procedures that  allow a doctor to collect a baby's DNA before birth. The first, chorionic villus sampling, involves collecting cells from the placenta, which connects the baby's umbilical cord to the wall of the uterus. The second involves collecting a sample of the amniotic fluid, which is the watery substance in which the baby floats inside the womb. The name of this procedure is amniocentesis, and it requires the doctor to insert a needle through the mother's abdomen and into the uterus. 

A common concern that many of those preparing for a divorce in Springfield have is what sort of financial obligations the dissolution of their marriages will leave them with. For example, you may be fine with having to pay for the continued support and care of your children, yet you may not share the same affinity for doing so for your ex-spouse (particularly when their own actions have comprised your financial standing). Many of those in your same situation have come to us here at the Stange Law Firm PC concerned that even the separate property they hold will end up being impacted by a divorce. 

If you also worry about this, you should know that state law affords you certain protections in this regard. Section 452.170 of Missouri's Revised Statutes states that if your spouse's actions give you justifiable cause to live separate and apart from them, you may petition the court to ensure that any property you hold in your own right be reserved for your sole benefit. 

Asking one's fiancée to sign a prenuptial agreement may be the last thing that one preparing for a wedding in Springfield wants to consider. Many may view such an action as immediately casting doubt as to whether the marriage will actually work out. Yet more and more people (particularly those coming into their marriages with significant assets) are requesting such agreement. Indeed, information shared by the American Academy of Matrimonial Lawyers has shown a 62 percent increase in such agreements in recent years. 

Typically, a prenuptial agreement stipulates the following: 

• That the parties to a marriage will retain whatever assets they bring into the union
• How whatever assets the couple earns during the marriage will divided in the event of a divorce
• What each party is entitled to in a divorce settlement