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Questions Answered by Kristen Thurmond
1 Answer | Asked in Child Custody for Missouri on
Q: My son was to be home Sunday in custody papers what they say and he is refusing to bring him back how do I get him back?
Kristen Thurmond
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Kristen Thurmond
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... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can I get in trouble legally for not allowing unsupervised visits for my children. No court ordered custody at this time

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 »

Kristen Thurmond
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Kristen Thurmond
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... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Is full custody worth pursuing?

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:

1) I have received photos from her... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

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.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How to remove/replace the current guardian at litem in our case doesn't seem to have her clients best interest in mind

Seems to be siding with the person who is under investigation for not protecting her child.

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

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 »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My two boys is mother custody of my boys she has them living with her brother she's not stable how do I get custody

She's been in trouble for not having them in school she's on drugs and more

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

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 »

1 Answer | Asked in Child Custody for Missouri on
Q: In Missouri we have 2 homes. One is currently not occupied. My two sons 16 and 17 can they live alone there legally?

I would be residing 20 min away with my mother who is elderly. They are very self sufficient young men but can they legally stay/live alone in our other home and it be legally ok?

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

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 »

2 Answers | Asked in Animal / Dog Law and Personal Injury for Missouri on
Q: My dog bit someone it states on the served paper "I was corralling the dog" is that proof my dogs were provoked. Missour

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

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

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.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children

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?

Kristen Thurmond
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Kristen Thurmond
answered on May 16, 2022

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 »

3 Answers | Asked in Animal / Dog Law for Missouri on
Q: Can I sue a business for losing my dog??

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

Kristen Thurmond
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Kristen Thurmond
answered on May 16, 2022

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... Read more »

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1 Answer | Asked in Animal / Dog Law for Missouri on
Q: How many dogs are you allowed to have in missouri. We are outside of town.
Kristen Thurmond
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Kristen Thurmond
answered on Apr 24, 2020

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: i'm 14 and neither of my parents have sole custody of me, so can i live with either parent?

p.s. there is no court doc. saying who has full custody

Kristen Thurmond
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Kristen Thurmond
answered on Apr 24, 2020

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... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: I have separated with my ex 2 weeks ago and she is bringing strange men around my daughter

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?

Kristen Thurmond
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Kristen Thurmond
answered on Mar 31, 2020

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.... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can my 17 year old daughter choose which parent she wants to live with?

My daughter will be 18 in about 6 months. She has always been unhappy living with her mom. She is depressed all the time. Can she choose to come and live with me or do I have to take her mom to court?

Kristen Thurmond
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Kristen Thurmond
answered on Mar 18, 2020

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... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: Before divorce judement does non custodial parent required to pay child support in Missouri

Non custodial parents paying medical, vision and dental

Kristen Thurmond
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Kristen Thurmond
answered on Mar 18, 2020

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... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: my dogs get lose, one is aggressive but has not bit anyone. They call it attacking. I have 2 tickets . Do I need a lawye

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... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Mar 18, 2020

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.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: If child support amount is set in divorce decree can it be changed over the years???

Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???

Kristen Thurmond
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Kristen Thurmond
answered on Feb 20, 2020

Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.

Relocation is a separate issue, though someone relocating can effect the...
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1 Answer | Asked in Divorce for Missouri on
Q: Can a motion to compel a judge to sign a divorce decree be filed? See below additional info.

I would like to know if the plaintiff/petitioner in an uncontested divorce with no children and no property division between both parties can file a motion to compel the court to render a judgment and sign a divorce decree when that judge has far surpassed the thirty(30) days from the time of... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Feb 20, 2020

Based on your city being Grandview, MO, I am going to assume you are in Jackson County, MO. They have a specific docket for uncontested cases and you need to send in a proposed judgment. If you have an attorney, they will have done this. If you do not have an attorney, you need to do it. There are... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
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Kristen Thurmond
answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Family Law for Missouri on
Q: What forms do i need to file a motion to inforce the original visitation agreement in a Missouri court? Of a minor

In 2018 i, consented to a Stipulation consent to guardianship in the Missouri courts of Morgan County. Since that time the guardian has consistently denied &/or interfered in the court ordered visitations. I would like to file the necessary documents to the same courts ordering the guardian to... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Feb 17, 2020

If you were given a parenting time according to a parenting plan in the child's guardianship, then you can enforce that by filing a Family Access Motion. You can get assistance from counsel or go to the courthouse and ask the clerk to help you with the forms. By law, the clerk can somewhat... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.

Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Feb 17, 2020

This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what... Read more »

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