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Questions Answered by Lydia Seifner

1 Answer | Asked in Family Law for Missouri on

Q: I'm 16 in Missouri and can't find info on what warrants court ordered emancipation

I'm in a situation where I feel like I can provide for myself and I'm unsafe with my family members because my father is abusive and I personally am not safe with other family because of certain beliefs my entire family has. I have a little bit of video of my dad screaming insults and threats to... Read more »

Lydia Seifner answered on Sep 3, 2019

You may qualify for emancipation if you can support yourself financially. However, if the situation is as severe as you say, you may want to call family services and inform them of your situation so you can be removed from the home. I would also encourage you to talk to your school counselor or a... Read more »

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

Q: What does it mean, cause set for case review and trial setting. Does this mean I have to attend this court date.

Its pertaining to affidavit for termination of child support. I filed an answer objecting.

Lydia Seifner answered on Aug 13, 2019

If you are taking care of the case yourself, without an attorney, you must attend every court date.

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1 Answer | Asked in Divorce for Missouri on

Q: What happens in Missouri if both parties dont show up to a divorce hearing?

Lydia Seifner answered on Aug 12, 2019

If neither party shows up, the case won't be heard. Depending on the judge and the jurisdiction, it will likely either be passed to another court date, or dismissed for a failure to prosecute. If you are purposely refusing to show up so you won't become divorced, you can always show up and let... Read more »

1 Answer | Asked in Child Support and Divorce for Missouri on

Q: Do all aspects of divorce settlement end when child turns 21?

My son turns 21 in a few weeks and will still be attending college in the fall. I am 100% responsible for health insurance and 60% responsible for college costs. The settlement says neither parent shall be responsible for college costs for more than 8 semesters but doesn't say I am responsible... Read more »

Lydia Seifner answered on Aug 12, 2019

When he turns 21 you are no longer financially responsible for him. You may stop paying for college costs and health insurance if necessary.

1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Missouri on

Q: I and our 3 kids are dual UK-USA citizens. My wife is USA only. Can kids move to UK with me? If wife wishes to remain...

There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens with UK... Read more »

Lydia Seifner answered on Aug 12, 2019

You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.

1 Answer | Asked in Divorce for Missouri on

Q: Can a divorce be undone when only one party was present in the proceeding and the petitioner suffers from mental illness

Manic depression since 18, unmedicated and reacted impulsively in a manic state resulted in divorce. Both parties had no real property to divide and regret the divorce. Have reconcilled and need the divorce undone. Can it happen and how

Lydia Seifner answered on Aug 12, 2019

If the judgment for a divorce was less than 30 days ago, then you can have the divorce set aside. You will need an attorney to assist you. If it has been more than 30 days, then you will need to get remarried.

1 Answer | Asked in Child Custody and Divorce for Missouri on

Q: What steps do I need to take to start the divorce?

We have A two year old son, and the reason for the divorce is him committing adultery. We are both residing in two different states.

Lydia Seifner answered on Aug 12, 2019

The first step in the divorce process if figuring out what you want in the divorce, and what you expect your life to look like after the divorce. Then you file a petition for divorce, along with a proposed parenting plan, with the court and make sure he gets served with a copy of the petition.... Read more »

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

Q: Can a mother continue to accept child support if the children are fully taken care of and live with the other parent?

My fiance has been paying child support for his 2 children while they have been living with him and are enrolled in school in his town. She lives in a different town with her new boyfriend, neither of them work. They only have the children on the weekends but the father has them all week, pays... Read more »

Lydia Seifner answered on Aug 9, 2019

Typically the paying parent can stop paying child support if the children change residences to live in the paying parent's care. You will have to contact Family Division Services, and may have to go through the court for a modification to have the support stopped entirely. However, if the income... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: My daughter has been trying to get ex-husband to change his weekend visitation with their 8-year old boy. He has not

answered or agreed. He has also refused visitation with his 16 year old daughter. Reason for changing weekends is to coordinate mother's weekends off with 8 -year old at her home - to be in her supervision. If ex-husband files for contempt hearing - can his lawyer represent him without his... Read more »

Lydia Seifner answered on Jul 24, 2019

Absent an agreement by both parties, you have to follow the parenting plan put in place by the court. If you need to change the parenting plan order long term, then you will need to file for a modification of the current order. Speak to an attorney local to assist you.

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

Q: I married a woman 2 years ago who at the time had a 6 month old son who's father abandoned him. I want to adopt

The biological father has had nothing to do with my son so his mother only sees fit he wears our last name with the rest of his immediate family.

Lydia Seifner answered on Jul 15, 2019

Based on the information you've given, it sounds like you meet the criteria for a step-parent adoption. Talk to an attorney local to you to assist you.

1 Answer | Asked in Divorce for Missouri on

Q: Can my spouse take my child during a divorce without getting into any trouble

Going through a divorce, spouse is unstable but threatens occassionally to come take my child. When he has not provided for them in years

Lydia Seifner answered on Jul 11, 2019

Until the court grants custody to one of you or the other, both parent have equal access to the children. If you want to keep him from taking the children then you need to talk to an attorney local to you, and seek temporary custody as soon as possible.

1 Answer | Asked in Adoption and Juvenile Law for Missouri on

Q: I'm seventeen years old and I was adopted by my grandparents but I want to move in with my mom can I do that?

Lydia Seifner answered on Jul 9, 2019

If your grandparents give you permission to move then you may, otherwise you will have to wait until you are eighteen.

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

Q: Can my ex have custody papers served to me if I take him to court for no trespassing?

My ex has said he’s trying to serve me custody papers but I haven’t seen any papers. He recently had trespassed on my dads property, he’s terminally ill and doesn’t want him around and nor do I as I feel he is stalking me. Can my ex have child custody papers served if I take him to court... Read more »

Lydia Seifner answered on Jul 2, 2019

It's a little unclear if you are asking if you can be served at all, or if you can be served at court? The answer is yes to both. He cannot serve you directly, so even if you get an injunctive order against him to keep him off of your property, he can still have you served via a sheriff or... Read more »

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

Q: If baby has fathers last name. But parents are unmarried, what rights does he have?

Father was still married to someone else when my mom gave birth, his name is on birth certificate, but they were never married & have split up, does he have any rights?

Lydia Seifner answered on Jun 25, 2019

Unless the parents are married when the child is born, or they have had custodial rights assigned through the court, an unwed father has no rights to his children. Talk to an attorney local to you as soon as possible about seeking a paternity action to establish your legal rights regarding your... Read more »

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

Q: I reside in Missouri. by courts I'm the non custodial parent and court ordered to pay child support.

I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?

Lydia Seifner answered on Jun 25, 2019

Talk to an attorney local to you to assist you in a Modification right away.

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

Q: My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity

My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate... Read more »

Lydia Seifner answered on Jun 25, 2019

The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you... Read more »

1 Answer | Asked in Divorce and Child Custody for Missouri on

Q: My wife refuses to let me have the kids under the advise of her lawyer.

My wife has refused to let me see the kids for 9 days. She served me, and I'm in the process of getting a lawyer, but every lawyer in town had a week to 2 week wait to see them. My first appointment comes in 2 days. She claims she has the right to keep them indefinately until I have an order,... Read more »

Lydia Seifner answered on Jun 25, 2019

She's completely wrong. If the two of you are married, and there is no order dictating otherwise, then you have the same right to the kids as she does. You may see your kids whenever you wish.

1 Answer | Asked in Child Custody for Missouri on

Q: Non custodial parent is threatening taking me to court with some fraudulent text messages.

I have no idea where they came from as my message history doesn't show it and I would never say the things he is saying I said. Is there a way they can prove its fraudulent in court? I'm terrified.

Lydia Seifner answered on Jun 19, 2019

If he's basing his accusations on text messages, ask for copies. He will have to provide them to the court anyway to prove the text messages were sent and received.

1 Answer | Asked in Family Law for Missouri on

Q: Why does a mother get a free lawyer from the state in a paternity case and the father doesn't

Unmarried couple she filed for paternity the state went after her ex-husband so she put on the birth certificate so I filed for father paternity and they picked up her case and gave me a summons we have a hearing and a couple of days to establish paternity which I don't know why because we both... Read more »

Lydia Seifner answered on Jun 5, 2019

The mother does not get a free attorney. No one is automatically given an attorney in family court. It is most likely that she applied to and qualified for a Legal Services appointment.

1 Answer | Asked in Child Custody and Divorce for Missouri on

Q: Got married in PR, husband’s in the Army in the states, but we want a divorce. Does it have to go through PR?

Husband is in the Army. He is stationed in the states. We got married in PR a few months ago. We have a daughter together.

Lydia Seifner answered on May 25, 2019

You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last... Read more »

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