Child Custody & Visitation

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CHILD CUSTODY • VISITATION • PARENTING TIME • MISSOURI + ILLINOIS

Child Custody & Visitation: Putting Your Child First

Custody and parenting time decisions shape your child’s daily life—school, healthcare, stability, and relationships. At Besserman Law, we focus on clear guidance, smart planning, and solutions that reduce conflict while protecting your parental rights and your child’s best interests.

2026 note: Missouri and Illinois use different terminology and court structures, but the goal is the same: safe, stable parenting arrangements that support your child’s well-being.

Understanding Child Custody

“Custody” can mean decision-making authority, parenting time, or both. The best outcomes come from a clear plan that reduces gray areas and protects your child’s stability.

Decision-Making

Major decisions typically include education, healthcare, religion, and extracurricular activities. In Missouri, this is often described as legal custody. In Illinois, it’s called allocation of parental responsibilities (decision-making).

Parenting Time / Physical Care

This covers where the child is and when—weekdays, weekends, holidays, exchanges, and travel. Missouri often uses the term physical custody. Illinois uses parenting time.

Joint vs. Sole: what it really means
Joint arrangements can work well when parents can communicate, follow the plan, and prioritize the child. Sole/primary arrangements may be appropriate when safety, stability, distance, or conflict makes joint decision-making unrealistic. A strong order is detailed, enforceable, and designed for your actual family life—not a “generic template.”

What a Strong Parenting Plan Covers

The best plans prevent repeat trips to court by addressing the predictable issues upfront—especially in high-conflict situations.

Weekly Schedule
School nights, weekends, daycare, and exchange logistics.
Holidays & Breaks
Thanksgiving, winter break, spring break, birthdays, and Mother’s/Father’s Day.
Decision-Making Rules
How parents decide education/medical/religion and what happens when they disagree.
Communication
Parenting apps, response times, and boundaries for respectful contact.
Transportation & Exchanges
Pick-up/drop-off locations, late rules, and third-party exchanges if needed.
Travel & Relocation
Notice requirements, passports, and how out-of-state trips are handled.
School & Activities
Who signs up, who pays, and how attendance and practices are managed.
Dispute Resolution
A process for conflicts (mediation, parenting coordinator, or defined escalation steps).
Safety Provisions
Supervised visits, sobriety rules, and protected exchanges if the court orders them.

Visitation & Parenting Time: Building a Schedule That Works

Courts want schedules that support frequent, meaningful contact—without sacrificing stability. The right plan balances a child’s routine with each parent’s role in the child’s life.

COMMON APPROACH

Standard Schedules

Many families start from a baseline schedule (alternating weekends, one midweek dinner/overnight, rotating holidays) and then customize for distance, school needs, work schedules, and the child’s age.

CUSTOM FIT

Tailored Parenting Time

We help build practical schedules that reduce conflict—clear exchange times, consistent routines, and holiday rules that don’t require constant renegotiation.

High-conflict cases need more detail
If communication is difficult, the plan should be more specific—not less. Clear boundaries, parenting-app communication, and defined make-up time rules can prevent “he said / she said” disputes.

How Custody Impacts Child Support

Parenting time and financial contributions are closely connected. While each state uses its own support formula, the time a child spends with each parent—and which parent pays for key expenses—often affects the support outcome.

Parenting Time Matters

Overnights, shared schedules, and who carries recurring costs (health insurance, daycare, extracurriculars) can change the support calculation and what’s considered reasonable.

Clarity Prevents Future Disputes

The best agreements spell out how expenses are handled—insurance, uncovered medical, school fees, sports, tutoring, and activity costs—so conflict doesn’t return every season.

Child support rules are technical and fact-specific. We’ll walk you through your state’s calculation method and how parenting time interacts with the numbers.

Missouri vs. Illinois: Key Differences You Should Know

Same goal—your child’s best interests. Different vocabulary, statutes, and court frameworks. Here’s the consumer-friendly version.

MISSOURI

Custody Terms & Standards

  • Missouri defines custody using legal custody and physical custody (joint or sole), and emphasizes frequent, continuing, meaningful contact when appropriate. (See RSMo § 452.375) Source
  • Courts apply a best interests of the child analysis and do not give preference based solely on a parent’s sex. (See RSMo § 452.375) Source
ILLINOIS

“Custody” vs. “Parental Responsibilities”

  • Illinois generally uses allocation of parental responsibilities (decision-making) and parenting time—instead of the old “legal/physical custody” labels. (See 750 ILCS 5/602.7) Source
  • Parenting time is allocated according to the child’s best interests. (See 750 ILCS 5/602.7) Source
Practical takeaway
In Missouri, you’ll hear “joint/sole legal custody” and “joint/sole physical custody.” In Illinois, you’ll hear “decision-making responsibilities” and “parenting time.” Either way, the plan needs to be specific, enforceable, and child-focused.

Grandparents’ Rights

Grandparent visitation and third-party custody issues are heavily statute-driven and fact-specific. The court’s analysis typically starts with parental rights and the child’s best interests.

MISSOURI

Grandparent Visitation (Missouri)

Missouri’s grandparent visitation framework is addressed in RSMo § 452.402. Source

  • Visitation is not automatic—courts evaluate statutory requirements and best interests.
  • Orders may include conditions/restrictions and may involve a guardian ad litem in certain circumstances.
ILLINOIS

Grandparent Visitation (Illinois)

Illinois grandparent visitation is addressed under 750 ILCS 5/602.9. Source

  • There is a presumption favoring a fit parent’s decisions, and petitions must meet statutory standards.
  • These cases can be complex—legal guidance is strongly recommended.
If you’re a grandparent or third-party caregiver seeking visitation/guardianship—or a parent facing a petition—get advice early. These cases move fast and are highly technical.

Quick Questions About Custody & Visitation

Short answers to the questions parents ask before they file—or right after they’re served.

Will the court automatically give us 50/50 parenting time?
Not automatically. Many courts support meaningful involvement by both parents when safe and workable, but schedules depend on the child’s needs, school routines, distance between homes, work schedules, and safety considerations.
What if the other parent won’t cooperate or keeps violating the schedule?
Courts can enforce orders, modify provisions, and address repeated violations. Strong documentation and a clear, detailed parenting plan help reduce “gray area” disputes and strengthen enforcement options.
Can we customize a plan instead of using a “standard” schedule?
Yes—most good plans are customized. The goal is a schedule that is stable for the child and realistically workable for the parents. We build plans around your family’s actual calendar.
Do we have to go to court to decide custody?
Not always. Many families reach agreements through negotiation or mediation and then submit the final plan for court approval, depending on the case type and jurisdiction.

Protect your child. Protect your future.

Whether you’re pursuing custody, defending your parenting time, or building a plan that finally brings stability— we can help you move forward with clarity and confidence in Missouri or Illinois.

This page provides general information as of 2026 and is not legal advice. Laws, local court rules, and procedures can change. Consult an attorney for guidance specific to your situation.

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At Besserman Law, we understand that family and divorce matters can be challenging and emotionally draining. Our experienced team is here to provide you with compassionate, professional legal support every step of the way.
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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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