More videos on the subject

Select Desired Category  ↓

STL moms - Jonathon Marks

Jonathan Marks, STL Moms: How Having A Toxic Divorce Can Affect Your Kids

STL moms - divorce

Jonathan Marks, STL Moms: How the new tax law will impact spouses thinking about a divorce

stl moms jonathan marks single women retirement

Jonathan Marks, STL Moms: Single women seem to be better off in retirement

Attorney Jonathan Marks Speaks to KMOV St. Louis County Councilman Case

STL moms - divorce

Jonathan Marks, STL Moms: Problems couples face with life insurance policies

Jonathan Marks, STL Moms: Tax law changes will impact parents who are divorced

STL moms - Jonathon Marks

Jonathan Marks, STL Moms: Financial Problems Often Pop Up During Divorces

Jonathan Marks, STL Moms, Kids Sports

Jonathan Marks, STL Moms: Weighing the Health Risks of Kids’ Sports

jonathan marks stlmoms paternity cases missouri

Jonathan Marks, STL Moms: Paternity Cases in Missouri

stl moms avoiding pitfalls during divorce

Jonathan Marks, STL Moms: Avoiding Divorce Pitfalls

jonathan marks stl moms digital spying divorce attorney

Jonathan Marks, STL Moms: Digital Spying and Divorce

jonathan marks st louis divorce attorney holiday family problems

Jonathan Marks, STL Moms: Solutions for Divorced Families and the Holiday Season

stl moms tax proposal divorce attorney st louis

Jonathan Marks, STL Moms: New Tax Plan, Divorce

stl moms marital status income divorce lawyer st louis

Jonathan Marks, STL Moms: Marital Status Income Gap

stl moms sports private school divorce

Jonathan Marks, STL Moms: Sports, Private School, and Divorce

jonathan marks stl moms relationship killers divorce

Jonathan Marks, STL Moms: Biggest Relationship Killers

changes missouri child support calculation st louis

Jonathan Marks, STL Moms: Changes to Missouri’s Child Support Calculation

stl moms mary j blige divorce attorney

Jonathan Marks, STL Moms: Lessons from Mary J. Blige Divorce Settlement

jonathan marks st louis divorce attorney who pays child expenses

Jonathan Marks, STL Moms: Who Pays for Child Expenses?

jonathan marks stl moms child support new spouse

Jonathan Marks, STL Moms: Child Support and the New Spouse

child custody attorneys st louis mo

Jonathan Marks, STL Moms: Push for More Strict Legislation on Custody Agreements

stl moms third party visitation child custody attorneys

Jonathan Marks, STL Moms: Third Party Visitation Cases

st louis divorce child custody attorney

Jonathan Marks, STL Moms: Relocating After a Divorce

divorce attorney st louis uber case

Jonathan Marks, STL Moms: Divorce Case Involving Uber

divorce attorney st louis rise in divorce filings january

Jonathan Marks, STL Moms: Rise in Divorce Filings in January

divorce attorney st louis spouse email hack

Jonathan Marks, STL Moms: Accessing Spouse’s Email

christmas divorce issues st louis mo

Jonathan Marks, STL Moms: Christmas Custody Issues

jonathan marks thanksgiving divorce st louis

Jonathan Marks, STL Moms: Holiday Advice for Divorced Families

jonathan marks stl moms brangelina divorce

Jonathan Marks, STL Moms: What You Can Learn From Brad Pitt and Angelina Jolie’s Divorce

Jonathan Marks, STL Moms: Finding a Mediator for Your Divorce

Jonathan Marks, STL Moms: Divorce and College Savings

Jonathan Marks, STL Moms: What happens to Social Security benefits following divorce?

Jonathan Marks, STL Moms: Choosing the Right Attorney For a Divorce

Jonathan Marks, STL Moms: Shared child custody refusal during summer months

Jonathan Marks, STL Moms: MO lawmakers change the way you get divorce

Jonathan Marks, STL Moms: Tips for splitting custody during the summer

Child Custody Concerns and Relocation, The Marks Law Firm

Jonathan Marks, STL Moms: Child custody concerns when relocating residences

What Happens To Frozen Embryos in Divorce Proceedings, The Marks Law Firm

Jonathan Marks, STL Moms: What happens to frozen embryos in divorce proceedings?

Equal Custody Laws, The Marks Law Firm

Jonathan Marks, STL Moms: Giving Missouri parents equal custody time with proposed legislature

Jonathan Marks, STL Moms: Important divorce advice for prospective single mothers

Jonathan Marks, STLMoms: Protecting those who have been hacked online

Jonathan Marks, STLMoms: Surging number of disputes over custody of pets

Jonathan Marks, STLMoms: How to tell kids about divorce

Jonathan Marks, STL Moms: What do divorced parents do during Halloween

Jonathan Marks, STL Moms: January Is Divorce Month

Jonathan Marks, STL Moms: Divorce and the Holidays

Jonathan Marks, STL Moms: Who Pays for Private School in a Divorce

Jonathan Marks, STL Moms: Child Support, Taxes and the Powerball

Jonathan Marks, STL Moms: Weighing Your Options

Jonathan Marks, STL Moms: Who Pays The Divorce Bill

Jonathan Marks, Fox 2 News: Legal Procedure for Adopting a Child

Jonathan Marks, STL Moms: February Divorce Month

Jonathan Marks, STL Moms: What are grandparents’ rights in a divorce?

Jonathan Marks, STL Moms: Keeping Divorce As Stress-Free As Possible

Jonathan Marks, STL Moms: Common financial mistakes associated with divorce

Jonathan Marks, STL Moms: Money matters after divorce

Committed to You

Are We Right for You?

What is Family Law?

Father’s Rights

Mother’s Rights

Children’s Rights

Grandparent’s Rights

Stepparent Adoption

Appealing Your Case

Child Abuse & Neglect Lawyer

Restraining Orders (Orders of Protection)

Name Change

An Overview of the Divorce Process

Uncontested Divorce

PDL Motions

Post-Divorce Estate Planning

Alternative Dispute Resolution

Legal Separation

Military Divorce

Annulment

Overview of the High Asset Divorce

Valuation of Assets in Divorce

Hidden Assets in Divorce

Divorce – Lifestyle Expectations

Prenuptial & Postnuptial Agreements

Divorce – Delayed Compensation

Child Custody & Visitation Overview

Divorce & the Parenting Plan

Divorce & Legal Custody of Your Children

Divorce & Physical Custody of your Children

Divorce & Visitation Rights

Divorce & Paternity

Contempt & the Family Access Motion

Child Custody Jurisdiction (UCCJEA)

Modification of Child Custody Judgments

Child Custody & Relocation

Divorce & Child Abduction

Child Support Overview

Divorce & Child (Day) Care Expenses

Divorce & College Expenses

Divorce & the Dependency Exemption

Enforcement of Child Support

Child Support Modification

Child Support – Emancipation (When does Child Support End?)

Spousal Support

Divorce – Marital & Separate Property

Divorce & Marital Debts, The Marks Law Firm

Divorce & Marital Debts

Divorce & The Marital Home, The Marks Law Firm

Divorce and the Marital Home

Divorce – Dividing Investments and the QDRO

Divorce – Life Insurance

Divorce – Trusts & Inheritance

Jonathan Marks, STL Moms: Does Facebook contribute to divorce?

Jonathan Marks, STL Moms: Apps can help settle divorce custody disputes

Jonathan Marks, STL Moms: How to handle your taxes if you’re divorced

Jonathan Marks: Attorney talks pets, divorce proceedings

Jonathan Marks, STL Moms: Attorney discusses Cohabitation Law

Tech Nuptials, Part 3 of 3 – Assets, Bitcoin & Your Actions

Tech Nuptials, Part 2 of 3 – Social Media & Digital Prenuptial

Tech Nuptials, Part 1 of 3 – To Spy or Not To Spy

Transcription:

Margie: Well, should parents get equal custody of their children after divorce? It is one of the issues continuing to be addressed by Missouri lawmakers. Family law attorney Jonathan Marks with the Marks Law Firm is here this morning with more on the continued push for shared parenting. Good morning.

Jonathan: Good Morning, Margie.

Margie: Yeah, we talked about this, I guess, a few months back. It is now back in the legislature again.

Jonathan: Yeah, previously we were talking about how they were adding language to make things more balanced, so they got rid of terms that would’ve had some form a gender bias towards it, made things more neutral within the custody statute. Now they’re back, sort of, with a more strict situation where they’re basically trying to put into effect that there’s going to be a presumption that there’s a 50/50 custody schedule that parents who go through custody cases either have 50/50 or as close to 50/50 custody time with their children as possible.

Margie: Yeah, and some of the words in there… it has to be clear and convincing?

Jonathan: So, it’s a presumption that you’re gonna walk into court and the court is gonna award you a split custody time. Unless you can prove by clear and convincing evidence that there is a basis as to why the other parent shouldn’t receive 50/50 custody time. And so, in a criminal case, you’d call this beyond reasonable doubt. In a civil case, there’s preponderance of the evidence and then there’s clear and convincing evidence. So, clear and convincing is very similar to beyond a reasonable doubt in a criminal situation.

Margie: And there’s eight different factors involved in that and a couple of them involve drinking, drugs, abuse, things like that.

Jonathan: Yeah, so there’s eight factors within a custody statute and within it, if you’re gonna have to prove things, then you’re gonna have to show within these eight factors that somehow, they’re…form a basis as to why the other parent shouldn’t have his custody time. Three of them really kind of stand out because we’re just hypothecating as to what would be happening before a judge.

But, specifically, what you reference is there is one factor that talks about the mental and physical health of a parent and, obviously, looking at it from whether they’ve been abusive to the other spouse, abusive to a child, abusive towards drugs or alcohol. That is a huge factor. But there’s other things that would come into play. One of them has to do with the fact as is a parent gonna stay in the St. Louis area or are they planning to relocate out of state? And also goes in the fact of how is the other parent been providing adequate custody time? Has there been alienation or is there actually an attempt to co-parent and encourage that relationship? And that’s gonna be a major factor as well if this new legislation would go through.

Margie: Yeah, so if this goes forward and goes through… It’s just in committee now. Is that right?

Jonathan: Yeah, it’s just in it’s very infancy, correct.

Margie: So, probably chances of it getting through this session…we don’t have a lot of time left…

Jonathan: No.

Margie: It’s probably not gonna happen.

Jonathan: Probably low.

Margie: But if this goes through, then that would be what judges would have to go off for cases going forward? You walk in and it’s presumed you’re gonna get 50/50?

Jonathan: That’s what it looks like on paper. You know, like everything else, you never know until you walk in the door. But on paper, the courts are gonna have to be looking at it from that basis and then what then? Does a judge or a lawyer do for purposes of once somebody is trying to rebut the presumption? We don’t know that but it’s gonna make things very interesting and certainly very litigious for purposes of somebody that’s really trying to prove that the other parent shouldn’t have 7 out of 14 overnights as a regular basis for their custody schedule.

Margie: It’ll be interesting to see where this goes. All right, thank you so much, Jonathan Marks.

Jonathan: Thank you.

Margie: Appreciate your time this morning. More information on the Marks Law Firm and shared parenting, if you wanna learn more about that that’s in the Missouri legislature right now, head to the “STL Moms” tab.