Paris, MO asked in Child Custody for Missouri

Q: My daughter is almost 18. should I wait to get a divorce until then? No custody issues that way.

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2 Lawyer Answers
Jennifer L. Rench
Jennifer L. Rench
Answered
  • Divorce Lawyer
  • St. Louis, MO
  • Licensed in Missouri

A: You could if there aren't any other compelling reasons for you to file immediately. The other issue to consider is that if your daughter is or will be attending college or other secondary school program full time then child support is still an issue.

Lydia Seifner
Lydia Seifner
Answered
  • Divorce Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: You could wait, but if she is 17, the court will take what she wants into consideration. Also, for most courts if the parties can't agree and end up going to trial, will take about a year to finish a trial anyway; so you could always start the process and if the two of you can't agree regarding custody, wait to finish until after she is 18. Also, if she decides to go to college, child support will still be an issue until she is 21, so waiting won't really help you avoid drama there. I'd say to go ahead and talk to an attorney local to you about seeking the divorce, don't wait just to avoid custody drama, especially if she is that close to 18.

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