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Questions Answered by Christopher Fink

1 Answer | Asked in Child Custody for Missouri on

Q: Confused on how custody judgment granted both sole and joint custody

Christopher Fink answered on Jun 11, 2019

In Missouri there are 2 primary categories of custody...physical and legal.

Physical custody deals with each parties "parenting time" with the child; or if Sole Physical Custody is granted, then the term "visitation" is used for the non-custodial parent's time with the child....
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1 Answer | Asked in Divorce for Missouri on

Q: If I am still married can I switch my direct deposit and money to another account not in my wife's name/joint account?

The reason I want to do this is because she took our 20000 dollars in savings and put it into an account I have no access to. Also the reason I ask is that I give her 350 dollars a week and feel it's not right if she decided to do that.

Christopher Fink answered on May 23, 2019

It is your right to deposit your money into your own account. However, the structure of the account does not convert the funds to a non-marital asset. Your income and her income are considered marital property regardless of how the account is set up. Similar to a vehicle purchased during the... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: I am wondering if it is a crime to shut off my spouses cell phone, sell the car and stop giving her an allowance

She refused to speak to me or with me around anyone else that can help. If she doesn't want to be in a marriage anymore then I do not are to give her the things she wants.

Christopher Fink answered on May 22, 2019

If it is your wife's cell phone and your wife's vehicle, then the answer would be yes it would be fraudulent as you would not have the authority to interfere with her contract with her cell phone provider or transfer legal title in her vehicle. If there is a court order requiring you to pay these... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: I have joint legal custody of my son. He has autism and ADD and is on meds. His biological mother is refusing to

have him be seen by a psychiatrist. What are my rights and steps to pursue this. I just want him to be safe and followed appropriately as these meds are controlled substances. Thank you

Christopher Fink answered on May 20, 2019

If you have joint legal custody then you would already have the legal authority to schedule an appointment for your son. If you do not have this authority, then you would need to file a motion to modify to request the court review the situation. Perhaps you could simply ask the Mother to go to... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: Can I have my son put in some kind of a terment porgram for durgs? Even that I don't have cousty of him no one dose

He has live with his grandma most his life. Me and his mom had drug issues of or owe but I haven't used over 8 years don't want him to have to go trough the thing I did

Christopher Fink answered on May 20, 2019

If you do not have legal custody then you will not be able to put your son in rehabilitation. You could file a motion to modify custody and seek legal custody. Or you could ask the Children's Division to step in and do an investigation. However, there could be consequences once the juvenile... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: Which state should my mother file a suit? Does she have a choice?

My parents have been divorced a long time ago. My mother has a legally binding agreement that states she will receive a percentage of my father's retirement funds. He has not paid her anything since child support(2003), she's been scared of him because of the physical abuse from him in the past,... Read more »

Christopher Fink answered on May 20, 2019

In all likelihood she will need to enforce the Judgment in the same state as the divorce judgment. If she is dealing with retirement funds, then a qualified domestic relations order (QDRO) or Division of Benefits Order should have been referenced within the divorce decree and drafted shortly... Read more »

2 Answers | Asked in Family Law and Child Custody for Missouri on

Q: Girlfriend signed an acknowledgement of her ex as father to her child, she now wants custody. What's the best approach?

They were never married. He lives out of state, she in Springfield. They currently have a 5 week alteration. From what I can tell it looks like she can just keep him and file for custody?

Christopher Fink answered on Mar 12, 2019

Assuming he also signed the affidavit acknowledging paternity then there is a "presumption" of paternity with the ex. A "presumption of paternity" is not a declaration of paternity. A judicial determination of the father-child relationship must be established to determine each party's parental... Read more »

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2 Answers | Asked in Divorce for Missouri on

Q: How long will a divorce last, start to finish, before its finalized?

I'm asking on behalf of my boyfriend, who is unfortunately still married to his ex. They have been separated for going on 4 years now and he and I are wanting to get married and this is preventing that.

Christopher Fink answered on Feb 24, 2019

If the parties agree on how to divide all of their assets and debts as well as all other issues, such as parenting time and child support then it would be relatively quick. Assuming complete cooperation by both parties a divorce can be finalized within 6-8 weeks. However, if there is even one... Read more »

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1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: Our daughter been missing since 7-17-18. Her son has always lived with us. The other grandparents took him. Won't bring

The father is in prison for shooting my daughter. They took my grandson. How do I get him back? He is 3 years. He only know us

Christopher Fink answered on Feb 3, 2019

You will need to file a Petition for Guardianship. The burden of proof will be on you to prove that both parents are unfit, unable and unwilling to provide for the child, which it sounds like you certainly can prove. Then the court considers the best interests of the child as to the proper... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on

Q: My husband and his ex wife have joint custody over their children together. Can his Daughter live with us?

While they do have joint custody, the ex wife is the primary caregiver. My husband pays child support to her each week. We live in the same county and see them twice a month, every other weekend. His daughter has been expressing that she wants to live with us for the past 3 years now. She is... Read more »

Christopher Fink answered on Feb 3, 2019

There are several factors the court will use in forming a parenting plan that is in the child's best interest, including the wishes of the child. There is not a statutory age in which a minor child gets to choose where she lives, however as the child matures, the Court will certainly consider the... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: What is the most common outcome of a misdemeanor probation revocation hearing for 1st violation

I have attempted to reach my po several times to reschedule appt and have not received any calls from her yet I was arrested today and had to bond out

Christopher Fink answered on Feb 2, 2019

It depends on the violation and the Judge. For example, if someone on probation violates for the same offense that put that person on probation, then the Court is likely to look at it more harshly. Some Judges have a zero tolerance policy, but others may allow a defendant to remain on probation.... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: My ex-husband and I have had an agreement in place for about a year with our now 2 year old son. I need too change it.

He has been so inconsistent that my 2 year old barely even knows him and his current wife. At least 6 months of 2018 he didnt even get him for visits not even a call too see how he was doing. In our agreement we are supppose to switch years on who claims him for the tax year, given he does as he is... Read more »

Christopher Fink answered on Jan 28, 2019

Yes you can have the court modify the existing judgment so long as there is a change in circumstances that is substantial and continuing. In order to do have a Judge consider changing the existing plan, you'll need to file a Motion to Modify. But it will take time to get a trial date and go... Read more »

1 Answer | Asked in Child Custody for Missouri on

Q: Ex and I have a court ordered custody agreement. She’s refusing to give him to me on my days. Can she lose her rights?

She takes him out of state on my time. Refuses to give him back, and the police will not get involved. This has happened over 5 times. When we go to court can I fight for full custody, and she just get visitation? Can she lose her rights? Can they grant me some custody?

Christopher Fink answered on Jan 26, 2019

Your first step may be to file a Family Access Motion. This is a potential self help remedy as you do not necessarily need an attorney to file the motion. The court will expedite a hearing and can grant make up time and can impose a financial penalty to her. However, if you want to modify... Read more »

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