Child Visitation Attorney in Springfield
Protecting Your Time With Your Child—Call Cole & Martin
When parenting time is uncertain, every missed visit can feel devastating. If you are worried about how a court-ordered schedule will affect your relationship with your child, or the other parent is not following your current plan, you may need a child visitation attorney in Springfield for clear guidance.
At Cole & Martin Attorneys at Law, LLC, we help parents in Springfield, Missouri navigate visitation, parenting plans, and custody disputes. We understand that you may feel anxious, frustrated, and unsure of what is realistic under Missouri law. Our goal is to steady that situation, explain your options, and help you make decisions that protect your child and your relationship with them.
Our attorneys bring together more than 90 years of combined experience in criminal and family law, including service as prosecutors and judicial background. We are familiar with family law courts in this region, and we offer initial consultations so you can talk with us about your visitation concerns without financial pressure.
If you are being denied time with your child, you need a Springfield child visitation lawyer who can fight back effectively. With our consultation and background as former prosecutors, we are ready to stand as your advocate—call (417) 213-5441 or contact our online form today.
Understanding Child Visitation Laws in Missouri
In Missouri, the law has undergone significant shifts in recent years to favor the child’s right to a relationship with both parents. Under the Revised Statutes of Missouri (RSMo), specifically Section 452.375 and 452.400, the courts are guided by the "Best Interests of the Child" standard. It is important to clarify that Missouri law technically uses the term "parenting time" or "physical custody," though many still refer to it as visitation.
Key Elements the Court Considers
When a judge in Greene County determines a visitation schedule, they are not looking at what is convenient for the parents; they are looking at what serves the child. The court must weigh eight specific factors under Missouri law:
- The Wishes of the Parents: The court reviews the specific parenting plans submitted by each side.
- Meaningful Contact: The child's need for a frequent, continuing, and meaningful relationship with both parents.
- Parental Cooperation: Which parent is more likely to allow and encourage frequent contact with the other parent. Missouri courts look unfavorably upon "gatekeeping."
- Interpersonal Relationships: How the child interacts with parents, siblings, and extended family members who may affect their best interests.
- Child’s Adjustment: The child’s current connection to their home, school, and the Springfield community.
- Mental and Physical Health: The overall well-being of all parties involved, including any history of abuse or addiction.
- Relocation Intentions: If either parent plans to move the child's principal residence.
- The Child’s Wishes: If the child is of sufficient age and maturity (usually 12 or older), the judge may consider their preference, though it is never the sole factor.
As a former prosecutor, our lead counsel knows how to gather the evidence—such as school records, text logs, and witness statements—needed to prove these factors in a way that stands up to the scrutiny of the court.
The Missouri Legal Process for Child Visitation
Establishing or modifying a schedule in Springfield involves a structured process through the Family Court of Greene County:
- The Initial Filing: We begin by filing a Petition for Dissolution (divorce), a Paternity Action, or a Motion to Modify. Along with this, we must submit a proposed Parenting Plan within 30 days.
- The Parenting Class: Missouri requires all parents in a custody case to complete a court-approved educational program regarding the impact of divorce/separation on children.
- Discovery: We use this phase to obtain financial records, medical files, and communications. This is where our investigative skills as former prosecutors shine, as we know where to look for hidden information.
- Mediation: Most Missouri courts require parents to attempt mediation to resolve their differences before going to trial. We represent you during this process to ensure you don't settle for less than your child deserves.
- Guardian ad Litem (GAL): In high-conflict cases, the court may appoint a GAL—an attorney who represents the child’s interests. We work closely with the GAL to ensure they have the facts regarding your fitness as a parent.
- Trial: If a settlement cannot be reached, we take your case before a judge. We present a persuasive case using evidence and testimony to secure the schedule you are seeking.
What To Do When Visitation Fails
When a parenting plan is not being followed, it is easy to feel powerless. Maybe the other parent is refusing to exchange the child at the agreed time, constantly arriving late, or creating hostile scenes at pick-up. Some parents consider withholding the child in response, but that choice can create serious problems in family court and may damage your case.
Instead of reacting in the moment, it helps to move in a structured way. Our attorneys work to keep parents focused on steps that support their long-term goals and that a court can understand. We encourage clients to document patterns and to continue following the order themselves, unless their attorney advises otherwise because of safety concerns.
If the other parent is not following the visitation schedule, helpful steps often include:
- Writing down dates, times, and details of missed or disrupted visits
- Saving texts, emails, and messages that show what actually happened
- Avoiding confrontations at exchanges, and, if possible, using neutral locations
- Continuing to comply with your side of the parenting plan, unless counsel advises a different approach
- Contacting a child visitation lawyer in Springfield as soon as it is clear the problem is not a one-time issue
When you reach out to us, we review your existing orders, your documentation, and the history with the other parent. We then discuss options that may include negotiation, mediation, or filing a motion to enforce or modify in the appropriate court. Throughout the process, we explain likely timelines, possible outcomes, and what each step would require from you, so you do not feel left in the dark.
Addressing Safety & Complex Allegations
Some visitation disputes involve more than scheduling conflicts. Allegations of domestic violence, substance misuse, or neglect can quickly change how parenting time is handled. Parents may face orders of protection, requests for supervised visitation, or temporary restrictions while the court evaluates safety concerns. These situations carry serious emotional weight, and they also demand careful legal attention.
Because our attorneys work in both criminal and family law, we understand how criminal charges, prior convictions, or protective orders can affect a family case. A parent who seeks protection for a child, and a parent facing accusations, both need clear advice about how evidence is likely to be viewed by a judge. We examine police reports, court records, and other documents to help you understand what may influence decisions about parenting time.
Court orders may include tools such as supervised exchanges, supervised visitation, or specific limitations on overnight time when there are credible safety concerns. At the same time, courts are generally mindful that accusations can be exaggerated or unproven. We work to present your side in a focused, respectful way, whether you are trying to protect your child or to restore fair contact after a difficult chapter in your life.
How We Help With Visitation in Springfield
Visitation disputes are personal, and no two families are the same. We work with parents who are creating their first parenting plan, trying to enforce an existing order, or seeking changes because a schedule no longer fits their child’s needs. As a child visitation lawyer in Springfield, we focus on practical solutions that fit real lives rather than textbook schedules.
Our team handles a wide range of visitation issues. These may include developing detailed time-sharing arrangements, addressing holiday and summer schedules, clarifying transportation responsibilities, and resolving conflicts about school or extracurricular activities. When the other parent refuses visits or constantly ignores the schedule, we help parents pursue enforcement in a way that supports their long-term goals with their children.
Parents also appreciate how we communicate. Our attorneys and staff return calls and emails promptly, take time to answer questions, and keep clients informed about every development in their case. We collaborate as a team, so you benefit from the full strength of our firm rather than relying on one person. Our aim is to guide you through the process with honesty, respect, and zero judgment.
Take the Next Step—Call Our Visitation Lawyers in Springfield
When you contact our firm, we want you to know exactly what to expect. We start with an initial consultation, usually by phone or at our Springfield office, where you can explain your situation in detail. We listen to your concerns, review any court orders you already have, and ask focused questions about your child’s needs and your goals for parenting time.
If you decide to move forward, we outline a plan that fits your case. That plan may include gathering additional documents, communicating with the other parent or their attorney, and preparing filings in the appropriate court. We discuss potential strategies and explain why certain steps make sense under Missouri law, so you can make informed choices.
Throughout the case, our attorneys and paralegals coordinate to keep you updated. You can expect clear explanations, honest discussions about what is realistic, and prompt responses to your questions. We know visitation disputes often evolve over time, so we work to stay ahead of issues instead of reacting at the last minute.
To discuss your visitation concerns and explore your options, call (417) 213-5441 or reach out online for a consultation.
Frequently Asked Questions
How can you help if my ex denies visits?
We usually start by reviewing your court orders and your documentation of missed visits. Then we discuss options that may include communication, mediation, or filing for enforcement in the appropriate court. Our goal is to protect your parenting time and present a clear record of what has been happening.
Will a past mistake keep me from seeing my child?
A past mistake does not automatically end your contact with your child. Courts look at many factors, including how your life looks now. Because we work in both criminal and family law, we can explain how your history may be viewed and what steps might improve your position.
Can I change our visitation schedule later?
Yes, parenting plans can sometimes be modified when there is a substantial change in circumstances, such as new work schedules or a child’s evolving needs. We can review your situation, explain how Missouri courts view modification requests, and help you decide whether seeking a change makes sense.
What happens at a visitation hearing in Springfield?
At a typical visitation hearing, the judge reviews filings, may hear brief testimony, and considers what arrangement serves the child’s best interests. We prepare you for what to expect in court, including how to present yourself and what issues are likely to matter most.
Our Testimonials
What Do Our Clients Have To Say?
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