Questions Answered by Christopher Fink

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

2 Answers | Asked in Family Law and Child Custody for Missouri on
Answered on Mar 12, 2019
Christopher Fink's answer
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 rights and obligations. As it stands, Father's rights at this time would be unenforceable. Most law enforcement agencies likely will tell either party that it is a "domestic matter" and won't get...

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

2 Answers | Asked in Divorce for Missouri on
Answered on Feb 24, 2019
Christopher Fink's answer
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 issue, such as child support, then it could last many months.

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

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Feb 3, 2019
Christopher Fink's answer
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 guardian.

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

1 Answer | Asked in Child Custody and Family Law for Missouri on
Answered on Feb 3, 2019
Christopher Fink's answer
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 child's wishes and the reasons behind those wishes. So even though a 12 year old says they want to live with Parent A or Parent B, the more important question is what are the child's motivations to...

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 2, 2019
Christopher Fink's answer
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. There are generally 3 outcomes with a suspended imposition of sentence probation...1) The Judge can continue you on probation under same terms and conditions or impose additional conditions, such as...

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.

1 Answer | Asked in Family Law for Missouri on
Answered on Jan 28, 2019
Christopher Fink's answer
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 through the litigation process.

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?

1 Answer | Asked in Child Custody for Missouri on
Answered on Jan 26, 2019
Christopher Fink's answer
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 custody, you'll need to actually file a Motion to Modify Child Custody and you will need to hire an attorney unless you know how to represent yourself.

Whether the Court will modify the parenting...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.