Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More 
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answered on Feb 24, 2024
In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More
He will not talk to me about it or agree to anything but just wants me out. He purposely makes it uncomfortable for me here hoping I'll go. I'm disabled due to a stroke some years ago and it's very unsettling.
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answered on Feb 23, 2024
It's concerning that your husband is not willing to discuss visitation arrangements for your son and is pressuring you to leave the apartment. As a parent, you have rights regarding custody and visitation, and it's essential to advocate for your son's well-being and your own rights.... View More
I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent,... View More
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answered on Dec 6, 2023
Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your... View More
We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More
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answered on Dec 1, 2023
In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More
The other parent does not want to abide by the agreement. The agreement has not went through court.
answered on Sep 9, 2023
The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.
You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with... View More
His dad also doesn’t do much for him when he is there. He makes other people take care of him like bathing him and feeding him.
answered on Sep 8, 2023
This may be useful evidence in a suit to modify the terms of your possession order. But be aware that what children say to their parent often ends up not being accurate for many different reasons and questioning children after they have spent time with their other parent can be viewed as a type of... View More
Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More
answered on Aug 13, 2023
I agree with Mr. Pennell about the dangers of co-signing.
For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd... View More
Modify custody case
answered on Jul 20, 2023
In Missouri, as in other states, a lawyer's obligation to return unused retainer fees to a client is guided by the state's rules of professional conduct, the specifics of the fee agreement you signed, and any applicable state laws or regulations.
According to Rule 4-1.16(d) of the... View More
He just recently found out where we live and sent the police out here to do a health and welfare check on my daughter at midnight. I just want to protect myself and my daughter. Her last memories of him are from when he stole a car and wrecked it and left her locked inside of it. I need to find a... View More
answered on May 17, 2023
You cannot get a restraining order in MO for a child when there is a divorce decree with custody determinations in place because the divorce judgment has higher authority than an order of protection (what is referred to as a restraining order). You will need to register your divorce judgment in MO... View More
Moving and is thinking about running away. What can happen if she does run away
answered on Jan 16, 2023
First, your friend should have an attorney appointed to them that they can talk to about this. Second, this is really going to depend on the county involved. She needs to be participating at court and taking advantage of all the programs and services available to older kids/young adults in state... View More
answered on Nov 21, 2022
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... View More
What can I do about her demands for money? She is letting me see them this weekend for the first time in two months but only if I send her 200$ cash. I think that’s horrible and my twin daughters are calling me everyday asking why I can’t pay mom more money so that they can come see me. How can... View More
answered on Mar 6, 2024
You will have to take her back to court. The legal system is not self actuating and you have to bring a petition for family access and motion to modify to would likely be in order too. You need to speak to a family attorney.
answered on Aug 16, 2023
There is not nearly enough information to answer your question. It depends on the facts of your case and if there are previous orders. You should consult with an attorney.
If they get a restraining order against the other parent
answered on Jul 10, 2023
You will need to speak to an attorney in person. Venue for a child custody proceeding can be complex and will take a review of the cases and facts before a reasonable answer can be given.
My son got took out of school on may 22nd saying child abuse because of my ex who called them I had a lil apartment and they still took him it was clean fridge we had food this happened a month ago he was put into foster care my brother has him now but I am still fighting to get him back I have... View More
answered on Jun 26, 2023
You need an attorney. Who will be able to help you understand and prepare a defense to the allegations or help you convince the Court that your son should be returned to you. It is hard to say what you can do yourself as we cannot see the filings and allegations in the case. Please contact an... View More
Father has visitation rights from Wednesday at 7 pm to Saturday at noon. Mother has the other days. The mother has spring break in odd years, so 2023. Spring break, according to their parenting plan, is defined as "6 pm the day school dismisses until 1 pm the day before school resumes".... View More
A judge went straight to hair follicle drug tests instead of the leastbintrusive method first.
answered on Feb 16, 2023
No they are not invasive in a child custody case. Less invasive urinalyses do not give a history of drug or alcohol abuse so the courts often want a hair follicle test.
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... View More
answered on Oct 15, 2022
Hi,
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... View More
answered on Aug 22, 2022
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... View 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... View More
answered on Aug 10, 2022
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... View More
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