This answer depends on where the personal property is located and if both parties have legal rights to enter the real property used as the marital residence. The two types of property are important and distinct. Personal property is the household goods, furniture, vehicles, bank accounts,...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
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
You state you are legally separated. If that means you have a judgment stating you are legally separated, then you simply need to file a motion to convert to a dissolution of marriage. You can have an attorney assist you or try to find forms on the self-representation portion of the Missouri courts...View More
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
This has come up in several of my cases where custody has to change for various reasons. Most of the time, the judges in the courts I practice in have determine it to be a credit towards the amount you owe. Since you stated there is $8000 in arrears, you would be "paying" the new amount...View 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...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
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
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...View 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...View 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...View More
Does does that constitute the dog defending itself or is that a vicious bite I'm in the state of Missouri and I'm being sued because my dog bit someone who was grabbing it and picked it up while chasing it
First and foremost, if you were served paperwork you need to file an answer as soon as possible to avoid a default judgment against you. Either contact your homeowner's insurance to see if they will cover this and provide you an attorney or find an attorney that defends personal injury claims....View 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...View More
I took my dog to a doggy day care about 2days ago when I arrived to pick him up they inform that somehow he got free and bolted through the dog I have yet to find him so I wanted to know what are my options and how to go about them. Thanks
You will need to look at any contracts or waivers you signed with the daycare company before this can readily be determined. If there was a violation of any state statutes, you'll have to see if it is something you can privately sue for or if the state has to pick up the charge as a criminal...View More
This is going to vary by city or county. As far as I know, there is no limit on the number of dogs you can own under state law. This is usually covered by local laws. However, you run the risk of being considered a breeding facility if you own enough dogs that are intact and having litters. That...View More
The most simplistic answer is that without a court order your father may not have legal rights to make decisions for you. This could cause problems at doctors' offices, schools, etc. The good news is that, yes, you do get a say in where you want to live. How much your voice is heard on the...View More
2 weeks into separation, worried about strangers being around my daughter. She told me that one of them slept in her room, I have it recorded, is there an emergency way of getting a restraining order or full custody?
Unless something is happening to the kids, such as abuse or neglect, the Court will not entertain emergency orders. You may file for custody under a divorce or paternity action and establish a parenting plan and argue that the other parent does not have the child's best interests in mind....View More
There is no clear answer to this as it is heavily dependent on the court that issued the original order. Some courts are particular about it and others tend to think forcing a 17 yr old to do anything is pointless. Unfortunately, the best thing to do is talk with the other parent. But be realistic...View More
If there is no order, then a parent is not required to pay support. However, not paying or assisting with any bills will be looked upon negatively by some courts. Covering insurance is a positive, but may not be enough. Health insurance premiums is a credit applied to the basic amount of child...View More
My dog has not physically bit anyone . My ticket say my dog has attacked people . Idk the laws about this. My dog is a good dog she has never Ben aggressive to us an I have 5 kids smallest 2 . She has broke a chain an slipped callers an the children have Ben known to let them out. I have tried to... View More
A dog may not be aggressive to people in its own home. A loose dog will act unpredictably. A dog does not have to bite someone to be considered an attack. More than likely, you'll want an attorney that practices in your county/city to help you understand local laws and your options.
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