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Missouri Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Both parents are in jail need to get custody of grandchild

Please help us

Spencer Williams
Spencer Williams answered on Oct 24, 2021

Consider filing a Petition for Guardianship and/or a Petition for Third Party Custody. I suggest discussing these options with an attorney in your area. Generally the Guardianship will be heard faster and there are options for emergency guardianship depending on the facts surrounding the... Read more »

1 Answer | Asked in Estate Planning and Family Law for Missouri on
Q: When my mother passes, she is leaving her home to my brother and I. He will likely move in. How is this preventable?

My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2021

There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: i coach both my sons soccer. my ex says next year no sports. we have 50/50 custody boys are A+ students.

the boys are 11 and 7. excellent students and happy at both of our houses. When I told my oldest . he was so upset and thought he did something to cause this, when his mother just randomly pulls this out of her hat and I know its to hurt me because i have been their coach for 5 years. Our team is... Read more »

Steve D. Hardin
Steve D. Hardin answered on Oct 19, 2021

To answer your question an attorney will have to review the parenting plan in your case. Every parenting plan can be different so there is no way we can tell without reviewing the documents in question.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Ended rental lease. Found new tenant. Did walkthrough, owner found zero damages. Am I entitled to security deposit back?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 19, 2021

Here's the text from Missouri's security deposit statute:

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Hi I'm a student from another country doing an investigation on a US case, could you help me find the resolution?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

You can use Justia’s lawyer search tool but most attorneys would charge for their time. Perhaps contact a librarian at a law library.

1 Answer | Asked in Uncategorized for Missouri on
Q: Is it illegal to implement deep learning on a group of people including children without their knowledge or consent?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to implement deep learning?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: can i legally adopt a dad

i dont have one mine left for milk

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to leave for milk?

1 Answer | Asked in Employment Law for Missouri on
Q: Does my employer have to pay me wage for time spent training for the job?

I live and work in St louis mo. My employer refused to pay me any sort of wage for the first 1.5 months of my employment stating that he didnt have to since i was in "training" but i was normally here alone running everything. I work approximately 57 hours a week. I was allowed to keep only my tips.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 7, 2021

The short answer is "yes," you generally should be paid for training and I believe you might have a strong claim to assert. Whether you are a tipped employee may determine the wage due. Contact an attorney in the St. Louis area to discuss representation in going after your employer for... Read more »

1 Answer | Asked in Legal Malpractice for Missouri on
Q: Attorney dropped me without valid cause. I cannot find another atty. Does the firm have responsibility to represent me?

My attorney has put my current legal case in jeopardy. I cannot find other representation nor do I have the money to start over. This attorney exhibited lack of knowledge of my case, he miscommunicated terms, and was not transparent in relaying settlement terms. He pushed the agenda of opposing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

If a lawsuit has been filed then the attorney needs to file a motion to withdraw and the court must grant the motion before the attorney is off the case. You may oppose the motion to withdraw; however, given your dissatisfaction with the attorney I don’t believe you’ll be satisfied with... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: Can u sue a candy company for getting addicted to candy if it's interfering with your health
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

Anyone can sue anyone for anything. That doesn’t mean you have a viable claim. I don’t believe such a suit would go far but you are free to sue.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Criminal Law for Missouri on
Q: I've got a warrant for possession in missouri from several years ago will it ever go away? I drive a truck and go thru

there a lot I've been pulled over in other states but they say missouri want extraordite what is my best course of action

Andrea Rogers
Andrea Rogers answered on Oct 4, 2021

The warrant will never go away until you take care of it. It will show up on criminal background checks, and may cause problems for you if you ever travel outside of the U.S. You can hire an attorney to lift the warrant and represent you for the Possession charge. If you hire an attorney, you... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord use vulgar speech when talking to me

My landlord walk in my apartment who is that hoe in the bedroom I find that offisive and harassment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

It is generally not unlawful for a landlord to use vulgar speech. Once it comes time to renew your lease, you might want to consider not renewing in order to find a better landlord.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: How much does an attorney usually charge to take on a case. For medical malpractice
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Because medical negligence cases are so expensive, few plaintiffs pay their attorney by the hour. Rather, most attorneys who practice in this area of law represent clients on a contingency basis, meaning the attorney gets paid from the defendant if the case is a success.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Does cashing a security deposit refund mean I agree with the amount?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Generally not, but there are exceptions. Read your lease. Also pay attention to whether the back of the check contains an endoresement indicating that you are accepting the security deposit as payment in full.

1 Answer | Asked in Car Accidents for Missouri on
Q: How do I get damage compensation from at fault auto insurance company after car is not in my possession anymore?

Had an accident 2 years ago in which the other party was at fault. Their insurance company refused to pay but now will. I don't have possession of the car as it's long after but I do have estimates and pictures.

Tim Akpinar
Tim Akpinar answered on Sep 28, 2021

A Missouri attorney could advise best, but your question remains open for a week. As a general matter, they don't really care if you still have the car or not. It's likely that their property damage adjuster inspected the vehicle at the collision shop around the time of the accident. If... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Family Law for Missouri on
Q: We have 3 kids, 10, 7, 4 years old, we are married, I haven't worked for 5 years to stay with kids.

We didn't really lived together for the last 5 years, he would visit, because he has a business abroad, and he would come and go every month or two weeks. Now we moved all together to Missouri, but he hasn't given me any money since May 2021, and I have been using my personal savings for... Read more »

Spencer Williams
Spencer Williams answered on Sep 24, 2021

If you have been in Missouri for at least 90 days, you can file a Petition for Dissolution or Legal Separation with the court and after your spouse is served with the Petition and accompanying documents then request temporary (also called Pendente Lite or PDL) Orders be entered regarding custody,... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: We’re in Missouri on a farm. We want to put up a permanent property line fence on our south border to hold livestock.

Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no legal requirement that neighbors who share a property line share the cost of installing a fence.

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