Questions Answered by Lydia Seifner

Q: Me and my boyfriend had broke up and we have two kids together, he is abusive to me in many ways, and he wants my kids

1 Answer | Asked in Child Custody for Missouri on
Answered on May 9, 2019
Lydia Seifner's answer
He has not rights to your children unless he has a paternity action, or Declaration of Paternal Rights awarding him those rights. That being said, he can pursue a paternity action at any time. You should speak to an attorney local to you to assist you in pursuing a paternity action that grants him limited interactions with the children.

Q: Is a parenting plan still legally binding when child support continues into secondary education?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on May 3, 2019
Lydia Seifner's answer
Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.

Q: How do i keep my children away from their grandma while she is using meth ? My wife and I are separated ?

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on May 2, 2019
Lydia Seifner's answer
That depends a bit on if grandma is your mother or your wife's. If she is your mother, you are entitle to restrict your family's contact with your children as much as you wish. If grandma is your wife's mother, then short of an agreement by your wife, you will likely need to address it in a separation or divorce judgment before restricted access is enforceable.

Q: Moving soon, Mother insists i not move.

1 Answer | Asked in Family Law for Missouri on
Answered on Apr 30, 2019
Lydia Seifner's answer
You are 18, she cannot decide where you will live. There are no legal issues, you may move if you choose.

Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on
Answered on Apr 22, 2019
Lydia Seifner's answer
You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support yourself, and your home is unsafe, then you need to contact social services so they can place you in a stable environment. If found as a runaway, before you engage with social services, you will either...

Q: How do I go about filling for a legal seperation

1 Answer | Asked in Family Law for Missouri on
Answered on Apr 16, 2019
Lydia Seifner's answer
To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.

Q: Will a home bought roughly one month prior to marriage be divided in a divorce?

1 Answer | Asked in Divorce for Missouri on
Answered on Apr 15, 2019
Lydia Seifner's answer
Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage; then you have a claim to the house being considered martial property. Talk to an attorney local to you to assist you.

Q: My fiancé’s kids’ father moved out of state and has not contacted them in months. Is this considered abondonment

1 Answer | Asked in Adoption, Family Law and Child Custody for Missouri on
Answered on Apr 3, 2019
Lydia Seifner's answer
You and the children's mother will need to be married for six months before you can seek adoption. After that, talk to an adoption attorney local to you to assist you.

Q: How can a woman that was married to a man for 8.5 years, marry again and give child first husbands last name?

1 Answer | Asked in Divorce and Juvenile Law for Missouri on
Answered on Mar 28, 2019
Lydia Seifner's answer
As long as you and the child's father are in agreement, you can give your child whatever name you want.

Q: How can I do new custody agreement outside of court and then have it placed on record?

1 Answer | Asked in Child Custody for Missouri on
Answered on Mar 26, 2019
Lydia Seifner's answer
No, if you want an official, enforceable order from the court; you would have to file a Motion to Modify, and after your ex has been served, set a court for an uncontested trial in which one or both of you go in to confirm that you agree to the plan. You may, however, ignore all of this and simply change the parenting schedule among yourselves without filing anything; but this plan would not be enforceable should one of you become uncooperative down the road.

Q: Im 17 years old i live in missouri. What would happen or whT could my parents do if i leave home?

1 Answer | Asked in Juvenile Law for Missouri on
Answered on Mar 24, 2019
Lydia Seifner's answer
If you leave home before you are 18, your parents could call the police and report you as a runaway. Once found you could end up in juvenile detention. You can become legally emancipated if you can financially support yourself. However, if you cannot obtain permission to leave home, and you cannot financially support yourself, then you are going to have to wait it out until you are a little older.

Q: Can my ex stop me from taking our 8 year old son? We have been 50/50 for the past 7 years.

1 Answer | Asked in Family Law for Missouri on
Answered on Mar 23, 2019
Lydia Seifner's answer
That answer depends on whether you are the mother or the father. When a child is born outside of marriage, the only parent who has legal rights to the child is the mother. The law does that because we always know who the biological mother is, she is the person who gave birth to the child. The law presumes paternity in marriage, but outside of marriage, the courts can know for sure who is the father; and a DNA test does not establish legal rights. In order to establish a father's legal...

Q: Can a new order on another child be higher than an already existing order on the first child?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 21, 2019
Lydia Seifner's answer
The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your case that were not disclosed in your question, so I would encourage you to talk to an attorney local to you to discuss your case.

Q: Would income increase change the amount of CS if both parties had originally agreed on a set amount?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 21, 2019
Lydia Seifner's answer
The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.

Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on
Answered on Mar 20, 2019
Lydia Seifner's answer
If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the property withholding the children from you, the police probably won't be much help; at least not until after you've made and attempt to retrieve the children yourself.

Depending on your situation, you...

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
Lydia Seifner's answer
Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.

Q: 19 year old attending college has moved out of her mother's house who we are paying C.S. to, can we terminate?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 11, 2019
Lydia Seifner's answer
It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own, then you no longer owe child support to the mother. Contact an attorney local to you to be discuss your situation, and your options.

Q: Does Missouri recognize triparenting?

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Answered on Feb 25, 2019
Lydia Seifner's answer
While your roommate can assist you, and your boyfriend in raising the children, you cannot have have more than two legal custodians for a child.

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

2 Answers | Asked in Divorce for Missouri on
Answered on Feb 25, 2019
Lydia Seifner's answer
The speed of a divorce depends on how cooperative the parties are with each other. If they are both on the same page regarding how to separate property and custody, then a divorce can be resolved in a little over a month. If however, the parties are fighting about the issues, then a typical case will take about a year, depending on the when your jurisdiction can provide a court date for trial. Have your boyfriend speak to an attorney in his area about assisting him.

Q: Hello. I'm needing to know what rights noncustodial parent has when child has been moved out of state without consent?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Feb 14, 2019
Lydia Seifner's answer
Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.

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