The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm. St. Louis Family Law Attorneys.
My Blog
Posted on February 19, 2020 at 4:50 PM |
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So you are looking to file a child custody or child support case but you do not want to hire an attorney to handle every aspect of the case because that would be cost prohibitive. For the most part you want to be hands on and handle the case yourself. However, there may be some small aspects of the case that require legal expertise. For those issues you can us "Limited Scope Representation" as an affordable option that will allow you to get what legal expertise you may need without breaking the bank. If you decide to go this route you will need to set out the parameters of representation in a limited legal services contract. The best way to do that is to set an appointment to discuss what it is that you want and need and then sign a written document evidencing exactly what it is that will be expected from the attorney. Our office can help you with those details and enter our limited appearance in your case, if that is what is outlined in the agreement. If an Entry of Limited Appearance is filed in your case and once the work outlined in the limited scope representation agreement is completed a Termination of Limited Appearance will be filed with the Court and the attorney's work in the case will end. However, an attorney is not required to file an Entry of Limited Appearance in every case. Work can be completed without an attorney ever entering their appearance in your case. If you are interested in this type of representation, please give my office a call to set an appointment. Let my assistant know that your office visit is to discuss possible "Limited Scope Representation." The phone number for The Faulstich Law Firm is 314-260-7823. |
Posted on June 24, 2016 at 3:52 PM |
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In Divorce cases where children are involved it's sometimes
appropriate to ask for a Psychological Evaluation or a Child Custody
Evaluation. Generally these are not done in cases where children are not
involved. The reason for this is that generally there is a concern that a
parent may not have the psychological aptitude to nurture a child in a way that
is appropriate for the child. A generally conscientious parent without any
mental health history usually doesn't have to worry about this kind of testing.
If mental health has been an issue in the past though, the request for these
tests becomes more commonplace. A diagnosable mental health issue does not
preclude a parent necessarily from caring for a child however. Many parents who
suffer from depression or even bipolar or other mental illnesses can be fully
capable, affectionate parents and their custody rights absolutely do not need
to be curtailed in order to serve the best interests of the child. You will hear this phrase many times ("the best
interest of the child") because it is the standard by which the judge
ultimately rules on parenting issues. This is also the standard under which a
Guardian Ad Litem (an attorney appointed to represent the best interests of the
children) will make their recommendation, which holds a great deal of weight
with the court. In most of the cases you see where Psychological Evaluations or
Child Custody Evaluations are asked for, you will have a Guardian Ad Litem. The
issues and concerns that attend the appointment of a Guardian Ad Litem and
Psychological Evaluations or Child Custody Evaluations have a great deal of
overlap. Now, one thing to realize is that a Psychological Evaluation
and a Child Custody Evaluation are not the same. The children are not involved
in a Psychological Evaluation. The Psychological Evaluation is for the adults,
the parents. Generally, regardless of which parent is the parent of concern in
regards to mental health, both will be required to have a Psychological
Evaluation. There are exceptions to this rule, but not many. A Child Custody
Evaluation on the other hand can involve the children but many of the processes
are the same. It is less likely that a person would be diagnosed during a Child
Custody Evaluation than in a Psychological Evaluation however. Also, it is not
unusual to see both a Psychological Evaluation and a Child Custody Evaluation
to be ordered at the same time. Generally, parties consent to both have Psychological
Evaluations, but compelling a party to do so is also a possibility. If a party
can convince a judge that there is a good reason for the evaluation based on
past conduct, then the evaluation will be ordered and the other party will be
compelled to surrender to the evaluation. The reason most parties consent to
the evaluation however is to show that they have nothing to hide. Now if
neither party claims the other has any mental health issues, it is unlikely
that this would be ordered. The only situation in which this might happen is
when the Guardian Ad Litem has his or her own questions as to the state of the
parent's mental health and a Guardian Ad Litem is well within their power to
request this evaluation to be done. A judge will rarely say no to this
relatively neutral party. Lastly, one consideration about these types of evaluations
are the records that will be opened up and available for perusal of the
opposing party. Many judges will use the Guardian Ad Litem as a shield for the
full records involving a mental health history. The Guardian Ad Litem will have
access but no one else will until it becomes absolutely necessary, which in the
domestic field of law is usually right before a trial. An evaluator will
usually base their evaluation on whatever relevant materials they can find and
that most certainly includes prior medical records and history of mental
health. Therefore while the evaluation may be available as soon as it is
finished, the underlying documents that are a partial basis for that evaluation
may not be available until/if a trial marks the end of the case. In this way
the court attempts to protect litigants health information as much as possible,
but ultimately, once the evaluation is ordered, the opposing party can push the
case to Trial and expose these prior medical records. |
Posted on July 17, 2015 at 10:52 AM |
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Recently I handled a case in which Grandparent Rights were
at issue. As I have written before on this blog, Grandparent Rights are not as
strong as a Grandparent might hope for or expect. There are only special
circumstances in which a grandparent may ask for rights. Many times this is in
a divorce case or a modification of the order from that previous divorce case
in regards to the child custody portion of that divorce case. The law allows for Grandparents to Intervene in Divorce
cases and Modification of Child Custody cases. It also allows for Grandparents
to request rights in other ways, under other circumstances. However, there is a
loophole in the law as it exists at this moment. Consider this circumstance: A couple has children together.
They split—either by divorce or just split as a couple. Either the couple goes
through a divorce and comes up with a custody plan or the unmarried couple
splits, no court required. A grandparent has a chance to intervene here in the
divorce. In the second situation, the grandparent does not because there is no
court proceeding to intervene in. The grandparents have been close to the
children for years, but the grandparents believe that the dissolution is their
son or daughter's own business and they don't want to get mixed up in their
case. This is a legitimate consideration. Divorces are messy. Many times these
proceedings can bring out the worst in people, and in this case it's grandma
and grandpa's son and daughter-in-law or vice versa. Grandma and Grandpa don't
want to see this part of their son or daughter and they don't want to hear the
accusations the other spouse has. The reluctance of a grandparent to intervene could very well
be a mistake that costs them their right to have a relationship with their
grandchildren. In many instances, this is something that you can go back and
ask for but here is the rest of the scenario: Grandma
and Grandpa's son or daughter dies. Son or daughter is in a car accident. Son
or daughter has a terminal illness like cancer and passes. Perhaps son or
daughter dies some other way. Terrible things happen all the time. One of the things we do
as lawyers is prepare people for those terrible things and hope they never come
to pass. If grandparent does not intervene and does not ask for grandparent
rights before son or daughter's death, their rights to see their grandchildren
could be in jeopardy. When son or daughter dies, past daughter-in-law or
son-in-law may request the court for their current partner to adopt the son or
daughter's children. As of now, the law has explicitly disallowed grandparents (whose
son or daughter is the deceased ex-spouse) from intervening in an adoption.
Once an adoption has occurred, all grandparent rights cease for the
grandparents (whose son or daughter is the decease ex-spouse). BOTTOM LINE: Intervening when the opportunity presents may
allow an attorney to add language to court documents that can preserve your
rights. |
Posted on January 26, 2015 at 3:42 PM |
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A paternity action filed in the Circuit Courts. A lot of
people confuse this with the administrative process. Sometimes, when the mother
is not married to the father, she can have him paying into child support for
the child but the father does not have any enforceable custody rights.
Additionally, it being dealt with this way may not only deprive a father of
custody rights, but also has a very good chance of making the child support too
high. Why? Because there are factors that administrative child support is not
equipped to take into account as well as a Circuit Court might. One of these is
the amount of time that a noncustodial parent gets credited for caring for the
child on the form that calculates child support. The more that is credited, the
less child support will have to be paid. At this point, you might be wondering and worrying if you
can file in the Circuit Courts if an administrative action has already begun.
The answer is yes, you can, and if you want custody rights that are enforceable
through the courts and law enforcement, you have to do so. You will want to
consult an attorney on a Paternity case. She or he can help you understand the
documents you need to file. A next friend will need to be appointed for the
children. This is almost always the mother. While there are some similarities
between custody in a dissolution and custody in a paternity, the initial filing
and petitioning will be different in very distinct ways. You will still need to
create a parenting plan however and this is the heart of the case. This plan
will layout when and how you spend time with your child. It will also dictate
how decisions on the child's behalf will be made—for instance doctor visits,
extracurricular activities, and where they attend school. |
Posted on October 18, 2012 at 5:22 PM |
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For practical purposes this is a simple answer most of the time. Generally speaking most attorneys would say that Joint Physical Custody is any parenting arrangement after divorce where neither the father nor the mother is completely denied of time with their children. In other words, both parents get some time with their children that is unsupervised. (If it is supervised, that would be called visitation.) In the same way, most attorneys would say that Sole Physical Custody is any parenting arrangement where one of the two parents get either only (1) visitation or (2) no visitation and no unsupervised custody. In some cases in Missouri however, this is not technically true, and, on occasion a case will once again surface where the definitions need to be revisited. This last week on September 18 was one such occasion. The court had to make a decision as to whether a father with a couple days a week custody, a few extra days in the summer, and half the holidays could be called Sole Physical Custody by the mother. Sometimes, terms of law must be interpreted not by a definition listed in the law (this is usually what is referred to as a statute) but rather by terms surrounding it, experience and past law. Here, this was the case. Sole Physical Custody has no legal definition listed within the Missouri Statutes. The decision here came down to a question of whether or not the time was “substantial” enough to warrant being called Sole Physical Custody or Joint Physical Custody. The Bottom Line: If your spouse is asking for sole physical, this will mean you do not get a substantial amount of time if he or she succeeds. |