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Questions Answered by Kenneth J. Geniuk

1 Answer | Asked in Consumer Law for Missouri on

Q: How do I locate a case in the court from three years ago?

I had a case in the consumer law area. The court motioned in my favor, and there was the second part which I lost track of the case because my lawyer in the case died. What I am supposed to do,and how can I find my case?.

Kenneth J. Geniuk answered on Oct 28, 2014

Go to www.courts.mo.gov/casenet and do a litigant name search. Or, go to the courthouse where your case was/is, and the court clerk can usually look up the case based on the names of the litigants.

1 Answer | Asked in Animal / Dog Law for Missouri on

Q: I am the co-owner of a dog and the other owner will not allow me access to her. What are my rights?

I co-own a dog with a girl but am listed as primary owner on the AKC registration. She has had this dog for 3 years and will not allow me access to her. What are my rights as the primary co-owner? Can I go to her home and simply retrieve the dog or do I need a court order? Are canines... Read more »

Kenneth J. Geniuk answered on Oct 28, 2014

Animals are considered personal property. Unless you have been given unrestricted access to the other person's home, I would not recommend going into the home and retrieving the dog, as your entry into the home could be considered trespassing, which might get you in legal trouble. If you HAVE been... Read more »

1 Answer | Asked in Domestic Violence for Missouri on

Q: I want to report domestic violence but I don't want charges filed is this possible?

Kenneth J. Geniuk answered on Oct 28, 2014

I do not know the particulars of your situation, but domestic violence is a serious matter that should not be taken lightly. That being said, a victim of domestic violence can request an order of protection from the circuit court, and the proceedings would be a civil matter, not criminal. If the... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: How do I file a ccivil suit in Jackson County, Mo. this concerns matters due to a divorce aggreement.

My ex husband agreed to pay a state tax bill within 30 days of dissolution and has not, he also moved my son out of school district without a 60 days notice and my consent. He is supposed to pay health insurance on my son and is not following through with this matter as well.

Kenneth J. Geniuk answered on Nov 8, 2011

You'll need to file a motion for contempt, or a motion to enforce the settlement agreement, or perhaps both. As far as "how" to do it, you'll need to preapre the motion(s), making sure that the allegations are sufficient to state a cause of action. Also, there will be some other forms that need to... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: How does property that was inharited work in divorce

Kenneth J. Geniuk answered on Nov 8, 2011

Property that is inherited is considered non-maritla property, and as such can not be awarded to the other spouse in a divorce. However, the court can take into consideration the value of the inherited property in dividing the remaining assets and debts, and in determining whether to award... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: How do i contempt of court charges against my ex husband on money he owes me and titles he has not signed as ordered

Kenneth J. Geniuk answered on Apr 1, 2011

The first thing to do is check your court orders to see if the money he owes you was ordered to be paid, or whether it was in the nature of a judgment in your favor. If it was only a judgment, then you will need to garnish his wages, as a contempt remedy will probably not be available. Same thing... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: Can u see ur kids while getting a divorce .

Kenneth J. Geniuk answered on Apr 1, 2011

Absent some really good reason to the contrary, there is no reason why you should not be able to have parenting time with your children during the divorce proceeding. If your spouse is denying you visitation, you can file a motion with the court for temporary orders of child custody and visitation.... Read more »

1 Answer | Asked in Collections for Kansas on

Q: Do I need a lawyer to sue for unpaid loans? I have all the proof necessary to show that this was a loan and not a gift?!

Kenneth J. Geniuk answered on Mar 21, 2011

If you (the lender) are bringing the action as a business entity such as a corporation or LLC, then you must have an attorney. Otherwise you can bring your case without an attorney, but be careful in doing so, as you will be held to the same standards as an attorney, and will be expected to know... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: Form for father to sign relinquishing parental rights state of missouri

Printable form for absent father to sign relinquishing parents rights in the State of Missouri

Kenneth J. Geniuk answered on Mar 14, 2011

There is no "form" to sign relinquishing parental rights. The only way to terminate parental rights in Missouri is by court order, usually in a juvenile proceeding or an adoption proceeding. The father can consent to the termination of his rights, or to the adoption, but a court order is still... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: His attorney requested medical records for divorce, do I have to release them to him?

Kenneth J. Geniuk answered on Mar 14, 2011

It depends. If the records are relevant to the case, then you may have to produce them, or sign an authorization allowing him to obtain them directly from the provider. Generally, though, medical records are going to be privileged, so you should object to the request. If he is insistent on getting... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: What is the legal age a child can be left home alone in Missouri?

Kenneth J. Geniuk answered on Mar 14, 2011

There really is no set age at which a child may be left unattended in Missouri. It all depends on the maturity level of the child, his or her ability to make decisions, the length of time left alone, etc. You basically just have to use your best judgment. Be careful, though, because if something... Read more »

1 Answer | Asked in Civil Rights for Missouri on

Q: How is it that someonecan sue for civil rights when the other party was found NOT GUILTY in a criminal trial?

Kenneth J. Geniuk answered on Mar 14, 2011

It has to do with the burden of proof. In a criminal trial, the prosecutor must prove guilt "beyond a reasonable doubt" which is the highest burden of proof in any court case. So when someone is found "not guilty" in a criminal proceeding, it does not mean that the defendant was found to be... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: I need to respond to a custody modification by today. How do I do it? Do I need a form or can it be just typed on paper?

Kenneth J. Geniuk answered on Mar 14, 2011

Most local court rules will require you to type your response to the modification petition. Generally you will go through each of the allegations contained in the motion to modify, and you will either admit or deny the allegations. You can admit part of an allegation, and deny the rest, but you... Read more »

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