The Buxner Law Firm Know What It Takes to Win Your Family Law Case.

Can My Spouse Take Away My Kids Through Divorce?

If you are a parent facing a divorce, you've probably asked the following question: Can my spouse take away my kids if we get a divorce? The simple answer to this question is "no," but severe circumstances may allow one parent to obtain full physical and legal custody of the child(ren).

What about special circumstances?

  • Child Abuse
    The court will not permit a child custody arrangement that places the child in danger. If one parent demonstrates that the other is abusive, the court can take away child custody privileges from the abusive parent.
  • Mental Health
    Untreated mental health conditions can affect your child custody case too. If the parent's mental condition is serious enough to affect the child's safety, the court could determine that joint custody is not wise.
  • Domestic Violence
    Like child abuse and mental health issues, a history of physical abuse places the child in possible danger. Physical abuse of the child or other parent can keep the abusive parent from obtaining custody of the child.

Supervised Visitation & Child Custody

Even if the court gives sole child custody to one parent, the other parent may be allowed supervised visitation of the child. During supervised visitation, the non-custodial parent is allowed to spend time with his / her child, but only in the presence of a neutral, third-party supervisor.

Men & Women have the Same Parental Rights

In the past, fathers struggled to maintain the same parental rights in the courtroom as their female counterparts. Today, the United States affords fathers and mothers the same legal rights as parents. This means that, in the event of a divorce, the court will choose a custody/support agreement based on the best interest of the child, not the gender of the custodial parent. In short, the child's mother cannot take the children simply because she is the mother.

What to do if You Are Seeking Child Custody

Whether you are seeking full custody of your child or are afraid that your spouse may attempt to take your children away from you, a St. Louis divorce and family law attorney from The Buxner Law Firm can provide the legal guidance that you need.

Schedule your first consultation with one of our lawyers today.