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Questions Answered by Lydia Seifner
1 Answer | Asked in Child Custody for Missouri on
Q: Non custodial parent is threatening taking me to court with some fraudulent text messages.

I have no idea where they came from as my message history doesn't show it and I would never say the things he is saying I said. Is there a way they can prove its fraudulent in court? I'm terrified.

Lydia Seifner
Lydia Seifner
answered on Jun 19, 2019

If he's basing his accusations on text messages, ask for copies. He will have to provide them to the court anyway to prove the text messages were sent and received.

1 Answer | Asked in Family Law for Missouri on
Q: Why does a mother get a free lawyer from the state in a paternity case and the father doesn't

Unmarried couple she filed for paternity the state went after her ex-husband so she put on the birth certificate so I filed for father paternity and they picked up her case and gave me a summons we have a hearing and a couple of days to establish paternity which I don't know why because we... View More

Lydia Seifner
Lydia Seifner
answered on Jun 5, 2019

The mother does not get a free attorney. No one is automatically given an attorney in family court. It is most likely that she applied to and qualified for a Legal Services appointment.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Got married in PR, husband’s in the Army in the states, but we want a divorce. Does it have to go through PR?

Husband is in the Army. He is stationed in the states. We got married in PR a few months ago. We have a daughter together.

Lydia Seifner
Lydia Seifner
answered on May 25, 2019

You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last... View More

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on
Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... View More

Lydia Seifner
Lydia Seifner
answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Do I have a right to not send my kids back?

My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... View More

Lydia Seifner
Lydia Seifner
answered on May 21, 2019

You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.

1 Answer | Asked in Child Custody for Missouri on
Q: Me and my boyfriend had broke up and we have two kids together, he is abusive to me in many ways, and he wants my kids

Im scared he will take them and i wont see them anymore

Lydia Seifner
Lydia Seifner
answered on May 9, 2019

He has not rights to your children unless he has a paternity action, or Declaration of Paternal Rights awarding him those rights. That being said, he can pursue a paternity action at any time. You should speak to an attorney local to you to assist you in pursuing a paternity action that grants... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Is a parenting plan still legally binding when child support continues into secondary education?

I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?

Lydia Seifner
Lydia Seifner
answered on May 3, 2019

Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How do i keep my children away from their grandma while she is using meth ? My wife and I are separated ?

She has brain washed my daughter with her lies and starting to with my son!

Lydia Seifner
Lydia Seifner
answered on May 2, 2019

That depends a bit on if grandma is your mother or your wife's. If she is your mother, you are entitle to restrict your family's contact with your children as much as you wish. If grandma is your wife's mother, then short of an agreement by your wife, you will likely need to... View More

1 Answer | Asked in Family Law for Missouri on
Q: Moving soon, Mother insists i not move.

Im about to move in 19 days with my friends family, we would living in mexico for about a 6 month period before going to texas to live there indefinitely. Im 18 but my parents or more of my mother, i dont the right name for it but, Basically doesnt let me choose my own life choses and i had told... View More

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2019

You are 18, she cannot decide where you will live. There are no legal issues, you may move if you choose.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on
Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

Currently a runaway.

Lydia Seifner
Lydia Seifner
answered on Apr 22, 2019

You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support...
View More

1 Answer | Asked in Family Law for Missouri on
Q: How do I go about filling for a legal seperation

And if I later decide that's not what I want what can I do

Lydia Seifner
Lydia Seifner
answered on Apr 16, 2019

To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.

1 Answer | Asked in Divorce for Missouri on
Q: Will a home bought roughly one month prior to marriage be divided in a divorce?

Soon to be wife offered job out of state. We decided that it would be best for her to take the job, move there, and search for marital home. She purchased a home and roughly a month later she flew back, we got married, and we both moved into the new property in the new state.

Lydia Seifner
Lydia Seifner
answered on Apr 15, 2019

Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage;... View More

1 Answer | Asked in Adoption, Family Law and Child Custody for Missouri on
Q: My fiancé’s kids’ father moved out of state and has not contacted them in months. Is this considered abondonment

My fiancé’s kids’ father moved to California 10 months ago (We live in Missouri) and has not spoken to them in 6 months. Is this considered a form of abondoment? If so, what steps can we take to terminate parental rights in order for me to adopt them? He “pays” child support (about $700)... View More

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2019

You and the children's mother will need to be married for six months before you can seek adoption. After that, talk to an adoption attorney local to you to assist you.

1 Answer | Asked in Divorce and Juvenile Law for Missouri on
Q: How can a woman that was married to a man for 8.5 years, marry again and give child first husbands last name?
Lydia Seifner
Lydia Seifner
answered on Mar 28, 2019

As long as you and the child's father are in agreement, you can give your child whatever name you want.

1 Answer | Asked in Child Custody for Missouri on
Q: How can I do new custody agreement outside of court and then have it placed on record?

My Ex Husband has recently moved closer to my daughter and I and is wanting to have more time with her. I am willing to redo the visitation arrangement however I would like make up the parenting plan as well as conditions and submit it to the court for the record. We are trying to do this without... View More

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2019

No, if you want an official, enforceable order from the court; you would have to file a Motion to Modify, and after your ex has been served, set a court for an uncontested trial in which one or both of you go in to confirm that you agree to the plan. You may, however, ignore all of this and... View More

1 Answer | Asked in Juvenile Law for Missouri on
Q: Im 17 years old i live in missouri. What would happen or whT could my parents do if i leave home?
Lydia Seifner
Lydia Seifner
answered on Mar 24, 2019

If you leave home before you are 18, your parents could call the police and report you as a runaway. Once found you could end up in juvenile detention. You can become legally emancipated if you can financially support yourself. However, if you cannot obtain permission to leave home, and you... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can my ex stop me from taking our 8 year old son? We have been 50/50 for the past 7 years.

We have no paperwork nor court order for established paternity.

Lydia Seifner
Lydia Seifner
answered on Mar 23, 2019

That answer depends on whether you are the mother or the father. When a child is born outside of marriage, the only parent who has legal rights to the child is the mother. The law does that because we always know who the biological mother is, she is the person who gave birth to the child. The... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can a new order on another child be higher than an already existing order on the first child?

My husband has paid his ex wife for years. We have children together as well. Now his ex girlfriend wants to file and was told that should would get twice what the ex wife receives. Is that possible?

Lydia Seifner
Lydia Seifner
answered on Mar 21, 2019

The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Would income increase change the amount of CS if both parties had originally agreed on a set amount?

Both parents agreed on amount to be paid for CS, judge approved. If one or both parents have an increase in income later on does/can that change the CS amount? Or would what was originally agreed upon remain the same regardless?

Lydia Seifner
Lydia Seifner
answered on Mar 21, 2019

The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on
Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

Shouldn't I just be able to get them if there is no order or established paternity? Why is this still considered a civil issue if fathers rights are not valid

I have no resources and am going crazy. He was and is abusive.

What can I do?

Lydia Seifner
Lydia Seifner
answered on Mar 20, 2019

If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the... View More

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