Monday, November 8, 2010

New websites through FindLaw Launched

These are the largest Family Law Websites in Missouri. Content will continue to be added on both sites that will far surpass anything anybody has seen. We also have numerous new videos going on our websites. We want these sites to be a wealth of information for those seeking family law information in Missouri.

Here are the links:

Divorce and Family Law Lawyers | St. Louis, St. Charles and Jefferson County, Missouri or Fathers Rights | St. Louis, St. Charles and Jefferson County, Missouri

Friday, September 24, 2010

Stange Law Firm To Launch Some of the Most Advanced Family Law Website in Missouri through FindLaw

Early announcement: Stange Law Firm to launch one of the most advanced family law websites in Missouri through FindLaw in a few short weeks...

Stange Law Firm has offices in St. Louis (Brentwood), St. Charles and Jefferson County (Arnold).

Saturday, September 4, 2010

Stange Law Firm Arnold Office Opening Full-Time September 7, 2010

Stange Law Firm's Arnold Office, previously by appointment only, will be opening full-time September 7, 2010 to better serve their Jefferson County clients.

Since opening earlier this year, the Arnold Office has grown rapidly. Attorney Colleen Curtis will head up the Jefferson County Office. The Arnold Office is located at 16 Municipal Drive, Suite C, Arnold, Missouri 63010. The phone number is 636-296-3060.

Stange Law Firm also has full-time offices in St. Louis and St. Charles County. More information about Stange Law Firm, LLC can be found at http://www.stangelawfirm.com

Friday, July 2, 2010

Stange Law Firm to host free seminar on July 14 titled: How To Enforce Your Visitation Rights

Stange Law Firm to host a free seminar in Brentwood, Missouri on Wednesday, July 14, 2010, at 7:00 p.m. titled: How to Enforce Your Visitation Rights. If you are unable to see your children, or being denied visitation, this free seminar will help you understand your options.

This event will be held Wednesday, July 14, 2010, at 7:00 p.m., in Brentwood, Missouri in the conference room below Double D's Lounge in the Jos. H. White Building, located at 1750 South Brentwood Boulevard, Brentwood, Missouri 63144.

Free parking is available in the upper deck of the parking garage. Free appetizers and refreshements will also be served.

The seminar is free, but you do need to make a reservation. Send an e-mail to kirk@stangelawfirm.com with your name and e-mail address or call 314-963-4700.

Stange Law Firm is a family law practice with lawyers / attorneys in St. Louis County (Brentwood), St. Charles County and Jefferson County (Arnold).

More information on the seminar on the web at: http://www.stlfathersrights.com

Friday, May 28, 2010

Stange Law Firm launched newer, better websites today.

Stange Law Firm launched newer, better websites today. See:

http://www.stangelawfirm.com

http://www.stlfathersrights.com

Stange Law Firm is a family law firm in Missouri with offices in St. Louis (Brentwood), St. Charles and Arnold.

Friday, April 9, 2010

Divorce 101 Seminar
If you've ever considered divorce, Stange Law Firm wants to share their knowledge and experience with you.

Their free "Divorce 101" seminar will tell you how to protect your rights and avoid costly mistakes.

This event is for women and men and will be held Wednesday, April 21st, at 7pm, in St. Charles at the Quality Inn, located at 1425 South Fifth Street, St. Charles, Missouri 63301. To get a mapquest map, go to http://www.stangelawfirm.com.

AND on Thursday, April 22nd, at 7pm, in Arnold at the Comfort Inn, located at 3610 West Outer Road, Arnold, Missouri 63010. To get a mapquest map, go to http://www.stangelawfirm.com.

Divorce may or may not be the answer for you right now. Stange Law Firm's "Divorce 101" seminar can help you make an informed decision.

Dates: April 21st in St. Charles. April 22nd in Arnold.

The seminar is free, but you do need to make a reservation.

Call 314-963-4700.

Saturday, February 6, 2010

Custody, Visitation and Parenting Time

Custody is often the most emotional and contentious issue to be resolved during the divorce and the paternity process. Even long after a final judgment and decree of divorce or a paternity order, custody issues can and will continue to arise.

The attorneys at Stange Law Firm LLC bring years of hands-on experience in custody cases to helping clients in the Greater St. Louis area. We employ strong advocacy for our clients, combined with an empathetic, personal approach. We are selective in the cases we handle, thus you can be assured that your case will receive the personal attention it deserves.

We represent clients in matters involving:
Child custody
Visitation and parenting time
Fathers' rights
Moving
Paternity as it relates to custody and visitation
Modifications in custody and visitation
Grandparents' rights
There are two types of custody:

Legal Custody - Legal custody refers to the legal right of parents to make important decisions concerning their child’s welfare, including the right to decide the child’s education, religious training, health issues and child discipline. If both parents have joint legal custody, they much agree on decisions affecting the minor children. If one parent has sole legal custody, they get to make final decisions when the two cannot agree on issues after they confer.

Physical Custody - Physical custody refers to where a child physically lives and the custody schedule that is in place. If the custody arrangement is joint, this means that the custody arrangement involves each parent having roughly equivalent amounts of time. If a child spends significantly more time at one parent's home versus the other, physical custody is typically called sole with the other parent having temporary custody and visitation rights.
What if we have an agreement regarding custody?

If both parents have reached an agreement on custody and parenting time, this will make the case a lot easier. However, please know that informal agreements are not enforceable until a judge signs a judgment ratifying that agreement. This means that either party can choose to renege on any informal agreement not court approved. This is why it is crucial to formalize these agreements with the signature of a judge.
Achieving Your Child Custody and Visitation Goals

Stange Law Firm LLC works to achieve your goals through the appropriate means. We will place a priority on attempting to negotiate an amicable settlement for your situation. Should you desire, we can attempt to have the other party to agree to attend mediation.

Sometimes, however, the parties cannot agree and the dispute is so contentious that litigation is required to achieve a client's goals. In these cases, Stange Law Firm LLC will undertake energetic litigation to protect your rights and the best interests of your child or children. We will take your case to a final trial before the judge, as we have done in many prior cases, if you are unable to reach an acceptable settlement with the other party.

Our firm has successfully obtained sole custody and joint custody for numerous clients. We pledge to always place the highest priority on the children involved in the cases we handle. Our firm will not accept a custody case if we believe that it is not in the children's best interest to reside with the parent who is requesting custody. This selectivity ensures that we believe in you and your case, and that we are protecting your children's interests as well as your own.
Working with a Guardian Ad Litem

In some custody cases, the judge may appoint a guardian ad litem to determine what is best for the children. In Missouri, a Guardian ad Litem is required in all cases where abuse or neglect is alleged. The guardian will meet with both parties and will investigate the background of the parties, their living conditions, their relationships and any other issues related to the welfare of the children. Our lawyers are skilled in working with guardians ad litem to ensure that they have the proper information and that our client is presented in the best possible light.

At Stange Law Firm LLC, we understand that your children are important to you. We will work to achieve your child custody and visitation goals so that you can enjoy meaningful parental relationships with your child.

Monday, February 1, 2010

Paternity | Visitation for Unmarried Parents

When a child is born, but the parents were not married at the time of birth, the appropriate case for either a father or mother to file to determine whether the alleged father is the father and, if so, how child custody and child support should work is by filing a paternity action filed in the circuit court in which the mother or alleged father live. In certain circumstances, a mother may simply seek child support from the alleged father through the Division of Child Support Enforcement. However, the Division of Child Support Enforcement will not determine what custody rights a father should receive. This often results in a scenario where the father is paying child support, but yet he has no enforceable visitation rights. This is why a paternity action filed in the circuit court is a more comprehensive way to deal with the birth of a child out of wedlock. This is also why a father who wants to be an active participant in their child’s life must hire an attorney and file a paternity case. A paternity case works a lot like a divorce, except the court will not getting into dividing property and debt, nor can anybody be awarded maintenance (i.e alimony).

Paternity Testing Information for Men

If you were never married to the mother of your children, a father has no enforceable visitation time until he gets a custody order through the court system by filing a paternity action. This is true even if you are named as the child's father on the birth certificate. The child's mother is free to deny visitation until you file your paternity case and get a court order. She may deny visitation even if you are providing child support, so it is imperative to file your case to establish your rights to your child. The sooner you file your paternity case, the better chance you will have at obtaining custody or parenting time.

Even if you are not interested in seeking visitation or custodial rights, be forewarned that under Missouri law, the child's mother could sue you for paternity and child support. In this proceeding, you could be ordered to pay up to five years back child support. Therefore, in order to avoid large child support arrears that could result in further detrimental consequences (such as criminal proceedings) you should establish paternity through a court order as soon as the child is born.

The paternity testing process is simple and takes only a few minutes. The lab technician will merely swipe the inside of your cheek with a Qtip. After the results of the test are presented to the court, it will establish you as the legal father of the child. Custody and visitation may be decided in that hearing, or the court may do so at a later time.

Paternity Testing Information for Women

Under Missouri law, an unwed mother has all rights to custody and visitation, until and unless a court decides otherwise. However, until the paternity of your child is determined, you will not be entitled to collect child support. Once this is done, a child support order can be entered.

If the father of your children has filed a paternity action, you should call Stange Law Firm immediately. The law allows a paternity and custody to be decided in one case. Caught off guard, you could find yourself involved in a custody battle and be faced with the possible loss of custody of your child.
What if we have an agreement regarding custody?

If both parents have reached an agreement on custody and parenting time, this will make the case a lot easier. However, please know that informal agreements are not enforceable until a judge signs a judgment ratifying that agreement. This means that either party can choose to renege on any informal agreement not court approved. This is why it is crucial to formalize these agreements with the signature of a judge.
Father’s Rights

For various reasons, including old-fashioned stereotypes, and the outdated legal principal of the tender years doctrine (a doctrine that provides that custody of children under 13-years of age should be awarded to mothers), fathers are often seen as unwilling or incapable of caring for their children. However, many fathers can provide their children with the same care, affection and parental guidance that a mother can.

In fact, there is no presumption in Missouri law that a mother is automatically entitled to custody. The tender years doctrine has long been abolished in Missouri. In contrast, there is actually a presumption of joint custody, although joint custody does not necessarily mean equal visitation time for both parents. When the facts of a case call for it, courts can and do award custody to fathers, based on the principle of what is in "the best interest of the child."

If you work a full-time job, travel often and the mother has been the primary caretaker for the children, then sole physical custody may not be likely (unless the mother is incapable of or derelict in caring for the children). However, if you have played an active role in parenting the children, caring for their needs, attending medical appointments, attending school functions and PTA meetings, then the Courts will look at the history and may determine that joint or even full custody should be awarded to you.

It is important that a father seeking joint or fully custody help themselves by: (a) having adequate housing for the children; (b) living in a good school district; (c) having a work schedule that makes joint or sole custody plausible; (d) exhibiting patience and an even temperament (and avoiding what we call a "bar fight" mentality); (e) complying with all court orders; and (f) making a positive impression with the guardian ad litem, if one is appointed.

A guardian ad litem is an attorney appointed by the court to represent the children. It is imperative that a father in any custody case make a positive impression with the guardian ad litem. Although each Judge will make and independent analysis of the case before them in determining custody arrangements, Judges often rely heavily on a guardian ad litem's recommendation and it is usually an uphill battle if the guardian ad litem does not support your cause.

The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction.

Thursday, January 28, 2010

Motions to Modify Child Custody in Missouri: A Quick Overview
by Kirk C. Stange, Esq.

Can you change a custody and visitation orders?
After a final decree of divorce or other order establishing custody and/or visitation is filed with a court, it is not always the last word on custody. If a parent wants to change an existing, the parent wanting a change may file a motion requesting the court modify it. Usually, courts will modify an existing order only if the parent asking for the change can show a "substantial change in circumstances" that affects the welfare of a child.

What is a substantial change in circumstances?

Courts differ on what they consider a substantial change. However, below are a number of examples that could be considered substantial changes leading to a change in the previous order. This list not exhaustive, but these are some examples:

Geographic move. If a custodial parent intends to make a significant geographic move, it may constitute a changed circumstance that would cause a court to modify a custody or visitation order.

In that situation some courts switch custody from one parent to the other. Most judges, however, ask the parents to work out a plan under which both parents may continue to have significant contact with their children. The Court will carefully examine the best interests of the child and make a decision about which parent should have custody.

In Missouri, if a custody order has been entered, in the event one parent intends to relocate their residence, they must provide written notice to the other parent that meets certain statutory requirements prior to their move. If the parent moving fails to provide this notice prior to their move, they may be ordered to return the children to the state (if they have moved out of state), or they may jeopardize their custodial rights under the previous order.

Change in lifestyle. A parent can obtain a change in a custody or visitation order if substantial changes in the other parent's lifestyle threaten or harm the child. For example, if a custodial parent begins leaving a young child unsupervised or fails to get the child appropriate medical treatment, the other parent may request a change in custody. Similarly, if a noncustodial parent begins drinking heavily or taking drugs, the custodial parent may file a request for modification of the visitation order (asking, for example, that visits occur when the parent is sober, or only under the watch of a court appointed supervisor)

The Child's desires. Older more mature children can have some input in deciding with which parent he or she will live with primarily. However, although that child's wishes can be considered, the child does not have a right to ultimately "choose" which parent to live with. It is also ill advised to encourage a child to request a change in custody as oftentimes the court will view this as placing undue pressure on the child. This behavior will reflect badly on the parent pressuring/encouraging the child and could affect that parent's custody and visitation rights.

Deviation from custody schedule. In some cases, the parties may have deviated from the custody order to such an extent, and for a long enough time, that a modification may become possible to simply make legitimate what the parties have been doing. For example, if one party received sole custody, but the parties have been in reality exercising fifty-fifty custody for a long enough period of time, a court may entertain a modification to formalize what the parties have been doing.

There are many other possible scenarios in which a modification to a custody schedule may be viable. Thus, if you think that a change of custody is necessary, you should check with a family law attorney in your state.

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About the Author
Kirk Stange is a partner at Stange Law Firm, LLC. You can find out more information by going to their websites: Divorce and Family Law Lawyers | St. Louis and St. Charles, Missouri or Fathers Rights | St. Louis and St. Charles, Missouri

See article at:
http://www.goarticles.com/cgi-bin/showa.cgi?C=2518692