Legal Question in Family Law in Missouri

dad to get custody

My brother and his wife are going through a divorce and shes a pro photographer so shes always traveling. Before she leaves she drops their baby off at the sitters house and doesn't tell ANYONE. Sometimes she's been there for up to 5 days and nights. My brother really wants custody of his child. Any advice on what he should do. Please help us!


Asked on 10/12/06, 3:44 pm

1 Answer from Attorneys

James Manning James Manning, PC

Re: dad to get custody

I am assuming that there has already been a custody award in court. If this is the case, then your brother would need to obtain a modification of this award in order to increase the amount of time he can spend with his child or to take precedence over a sitter when the mother is out of town. The legal standard that the judge will look to is whether there has been a substantial and continuous change in circumstances such that a modification is necessary. The over-arching standard the judge will look to is what is in the best interests of the child. Your brother will need to retain a good attorney in order to accomplish a modification of custody. I handle family law cases like this as part of my practice. My email is [email protected].

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Answered on 10/12/06, 4:02 pm


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