Questions Answered by Lydia Seifner

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.

Q: Hello, I am wanting to know about a soon to be divorce.

1 Answer | Asked in Divorce for Missouri on
Answered on Feb 14, 2019
Lydia Seifner's answer
There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a response, so the Court has more than just the information she provides from which to make it's decision. Finally, wedding rings are typically viewed as marital gifts to the other party meaning it's hers to...

Q: which county court to file child custody modification?

1 Answer | Asked in Child Custody for Missouri on
Answered on Feb 4, 2019
Lydia Seifner's answer
Unless all parties have moved from the previous jurisdiction, a modification is proper in the county which issued the previous decision.

Q: I filed for divorce in TN from my husband, and then moved to Missouri. What are my next steps to dissolve the union?

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Answered on Feb 1, 2019
Lydia Seifner's answer
Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance from the jurisdiction. I would encourage you to contact an attorney in Tennessee to assist you.

Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on
Answered on Jan 31, 2019
Lydia Seifner's answer
You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I would encourage you to speak to an attorney about seeking emancipation, if you've been supporting yourself for six months, you would qualify.

Q: My sister is 16, and my mom attacked her hitting her in the face with her phone and my sister pushed her into the tv.

1 Answer | Asked in Personal Injury and Child Custody for Missouri on
Answered on Jan 28, 2019
Lydia Seifner's answer
If your mom tried to report it, it sounds more likely that your sister would be placed into a foster home instead of detention. If you are over 18, then you could be considered a placement option for your sister, so long as you can support yourself and her. Report the event to social services ASAP.

Q: Divorcing we have a 6 year old and 1 year old together. If non-custodial how many days a week/month can I see kids?

1 Answer | Asked in Divorce and Child Custody for Missouri on
Answered on Jan 17, 2019
Lydia Seifner's answer
There is no minimum or maximum amount of time a non-residential parent may be allowed to see his or her children. The court's take the parents' schedules and relationships with the children into consideration; and sometimes it depends on the judge's personal preferences. Many judges and jurisdictions are now moving towards some form of 50/50 as their default, so if you want mid-week or daily visits, ask the court for them. Also, keep in mind that most judges will approve an agreement the...

Q: If i have a temporary custody agreement, to see my son every other weekend, what can i do when she doesn't show up?

1 Answer | Asked in Child Custody for Missouri on
Answered on Jan 14, 2019
Lydia Seifner's answer
You can file a family access motion with the court to get the court to impose sanctions on her and grant you make up time for the lack of contact. If the problem persists, you may need to speak to an attorney to seek a Modification of custody so that you have primary residence with the child.

Q: Mom wont take visits with kids!!!! Says a parent plan isnt a court order!!!

1 Answer | Asked in Family Law for Missouri on
Answered on Jan 10, 2019
Lydia Seifner's answer
You cannot force a parent who does not want to see the kids, to exercise his or her time with the children. However, if it becomes a recurring problem, you could file a modification to change the taxes and child support to reflect the current parenting time. If you choose to do that route, talk to an attorney local to you to assist you.

Q: My sons father pays child support threw the state. But has not seen my son in 3 years. Is that considered abandonment?

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
The first thing to do would be to ask the biological father if he would contest your husband's adoption of your son. If not, then an adoption would be very straightforward. If he would contest the adoption, then you a court would have to evaluate the strength or the parent -child relationship before making the decision to severe the biological father's paternal rights. Either way, talk to a family and adoption law attorney local to you to assist you in the process.

Q: Where do I go to get temporary custody of my son. My ex has him an he's not on the birth certificate.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
Who gave your ex temporary custody? If it was the Court, then you need to follow the Court's orders and make sure to attend all of the other appearances to work out the case. However, if there is no order regarding custody, and the two of you were unmarried at the time the child was born; then the mother is the only one with rights over the child. You can simply go and pick up your son.

Q: Family law Transportation custody Required living space and child support

1 Answer | Asked in Family Law for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
I'm sorry, this question is too vague. Without details about your situation, there is no way to answer your question.

Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and sometimes to the children themselves. Talk to an attorney in the county where the original judgment was filed to assist you.

Q: My husband and I have been separated for almost 30 yrs. we did not have a legal separwould we still have to divorice

1 Answer | Asked in Divorce for Missouri on
Answered on Jan 7, 2019
Lydia Seifner's answer
Well, it depends on what you want to accomplish. If you are happy with the way things are, then no, you don't need a divorce. If either of you wishes to remarry, then yes, a divorce would be required.

Also, understand that if one of you were to get sick, the other would be in charge of any medical decisions; and if one of you were to die, then the other would be the inheritor of the deceased's estate. Marital status could also affect any state aid, or social security benefits...

Q: Missouri: My child graduates in May, age 18. Do I still pay support until Oct knowing he won't attend higher education?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Jan 3, 2019
Lydia Seifner's answer
You will need to contact child support enforcement in may and fill out their forms for terminating child support; but otherwise you don't need to wait until October to file for termination.

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