Short answer is yes. Long answer is yes and Next Friend doesn't really mean that much in a custody proceeding. The Court will appoint a GAL if there is need for your children's interest to be represented in Court with the correct motion. Ultimately you need an attorney to help you with...Read more »
My son started a custody case 6 months before he became extremely disabled due to MVA on New years eve. His attorney dropped his case for non payment while we were waiting on social security to start. I have guardianship and conservatorship of him now. Received a notice of court date for ptc for... Read more »
I am sorry that your family is experiencing something like this. It appears to be very strange that a judge would just enter a default judgment so abruptly like this. Are you sure that a court date or two was not missed? Normally, the court gives pro se litigants (individuals proceeding...Read more »
The first thing to do is try to text or email the other parent why he or she is refusing to return your child. If they do not respond, give a valid reason, or agree to return the kid promptly to you, then you can file a family access motion and what is known as a writ of habeas corpus if it appears...Read more »
I recently split from my fiancé due to domestic violence and violence against our children. I allow supervised visits with a trusted family member. I also allow him to call them on the phone. He however will be moving into an apartment with his new girlfriend and wants overnight visits. Can I get... Read more »
You need to look into filing a paternity action as soon as possible if you don't already have a custody order in place. If there is one, then you need to be filing to modify it. If you have legitimate concerns about the kids' safety, you need to file for an order of protection. Consult an...Read more »
I have a 5 year old son. His mother and I share 50:50 custody. I live in southwest Missouri. She lives in northwest Arkansas. Legal orders for custody arrangements have never been a consideration until recently when a few things came to my attention:
This is going to be very dependent on the judge who entered the first order and how they handle modifications. You need to find an attorney who practices in the county where your custody order was entered to see what your options are.
Removing a guardian ad litem (GAL) is a difficult task if the case has been going on for a while. In the first few days of a GAL being appointed you can ask for a new one without cause. After that, you have to show good cause to have one removed. This means you have to show the judge that he or she...Read more »
If you already have a custody order in place, you will need to file a motion to modify your order to have the children live with you. You have to show a continuous and substantial or significant change in circumstances since the last order was entered. If you do not have a custody order, then you...Read more »
You should not leave your teenage children alone for long periods of time as it will open you up to neglect claims. The better option is to merge households at your earliest convenience or find in-home care for your mother. You may need to contact the state to see what services you can find for...Read more »
I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?
Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the...Read more »
I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.
The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The...Read more »
can it keep them from being placed with their biological father who is a deadbeat and will not take care of them and only wants them for my sister's social security? We have not yet found a will but still have some things to go through.
To get custody of the children you will need to file for a guardianship over the minors. If the father wants the children it would have to be a contested guardianship case. Either way you will need to hire an attorney.
I have had guardianship for 2 years. The mother had substance abuse and has now been sober for about 10 months. She lives in Illinois and has changed addresses 4 times in the past year. She is always living with a new boyfriend. She does have a job but I do not see her living situation as... Read more »
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 »
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.
A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary...Read more »
Try serving her at different locations. Suggest requesting and using a special process server. If you still cannot get her served, you can have her served by publication in a legal newspaper in the county where she resides.
I agree with Caroline, there are a few options such as adoption, third-party custody, guardianship or the like. What’s best for your situation depends on the facts of your case and your ultimate goal. Contact a family law attorney to get more information.
I would need to know some more information to know if the case was properly brought in whichever state it was filed. You need to make sure that you respond within 30 days (in a number of states, it's 21 days), or ask for leave to file out of time with the court.
Do you mean how much it would cost to go to court? Unless there's someone there to adopt the child (or they are considered abandoned, etc.), the court will not terminate his rights just so he doesn't have to pay child support.
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