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Questions Answered by Lydia Seifner

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 »

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

Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »

Lydia Seifner answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

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

Q: Do I have a right to not send my kids back?

My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... Read more »

Lydia Seifner answered on May 21, 2019

You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.

1 Answer | Asked in Child Custody for Missouri on

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

Im scared he will take them and i wont see them anymore

Lydia Seifner answered on May 9, 2019

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... Read more »

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

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

I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?

Lydia Seifner answered on May 3, 2019

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.

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

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

She has brain washed my daughter with her lies and starting to with my son!

Lydia Seifner answered on May 2, 2019

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... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: Moving soon, Mother insists i not move.

Im about to move in 19 days with my friends family, we would living in mexico for about a 6 month period before going to texas to live there indefinitely. Im 18 but my parents or more of my mother, i dont the right name for it but, Basically doesnt let me choose my own life choses and i had told... Read more »

Lydia Seifner answered on Apr 30, 2019

You are 18, she cannot decide where you will live. There are no legal issues, you may move if you choose.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on

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

Currently a runaway.

Lydia Seifner answered on Apr 22, 2019

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...
Read more »

1 Answer | Asked in Family Law for Missouri on

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

And if I later decide that's not what I want what can I do

Lydia Seifner answered on Apr 16, 2019

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.

1 Answer | Asked in Divorce for Missouri on

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

Soon to be wife offered job out of state. We decided that it would be best for her to take the job, move there, and search for marital home. She purchased a home and roughly a month later she flew back, we got married, and we both moved into the new property in the new state.

Lydia Seifner answered on Apr 15, 2019

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;... Read more »

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