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Questions Answered by Lydia Seifner
1 Answer | Asked in Divorce and Foreclosure for Missouri on
Q: How can my son get his ex wife to help pay a mortgage she let go into default?

She caused them to divorce by letting their mortgage go for 6 months causing it to go into default! She also spent their money an an adult website called Ashley Madison something! They have joint custody of their son, but my son has him 5 days or more out of the week! Their bank forclosed on... View More

Lydia Seifner
Lydia Seifner
answered on Apr 12, 2018

If the divorce degree required her to help him with the mortgage, or to reimburse him for the outstanding debt, then your son can seek a motion for contempt, and demonstrate to the court that she has not paid what she has owed. Have your son speak to an attorney.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Parenting plan says I pay for 10 semesters of "post-secondary" education. Could this include grad school for my 22 yo?

My son will be receiving his undergrad degree next month and I have dutifully paid everything and more required by my parenting plan. Now his mom wants me to contribute to two semesters of his MBA program because of the vague wording of the parenting plan. I maintain the "10 regular... View More

Lydia Seifner
Lydia Seifner
answered on Apr 11, 2018

Based on just the wording you have provided, it would seem as though you would have to pay for the first year of graduate school. There might be something else in your parenting plan or judgment that discusses the intention of 10 semesters to cover undergrad only. You might be able to modify the... View More

1 Answer | Asked in Child Custody for Missouri on
Q: My son is ten, fathers name is on the birth certificate. No custody agreement in place. What rights does he have?

He has proven to be irresponsible every time he has had our son, so do i need to go to court to establish sole custody with supervised visitation? Or can I legally tell him he has to come here to visit without a custody agreement on paper? Father lives on base in Colorado. My son has lived with me... View More

Lydia Seifner
Lydia Seifner
answered on Apr 11, 2018

If neither of you went to court to have the father's rights declared and arrange custody; then he has no rights to the child. The best course of action is always to go to court and get an enforceable custody agreement on paper. However, until a visitation schedule is on file with the court,... View More

1 Answer | Asked in Adoption for Missouri on
Q: Can my husband adopt my daughter if her biological father is 15,000 dollars behind in child support?
Lydia Seifner
Lydia Seifner
answered on Apr 8, 2018

It doesn't really matter if your ex is behind in child support or not. You and your husband will need to have been married for six months, and if uncontested, your ex needs to simply not respond to the petition, or voluntarily terminate rights. However, if he contests the adoption, you will... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: After DNA testing to verify the father, can I file for a child support order if my child is an adult?
Lydia Seifner
Lydia Seifner
answered on Apr 5, 2018

Child support is only awarded if the child is under 18, or under 21 and still in school, or if the child is severely disabled and needs continued guardianship and care. Talk to an attorney close to you about your circumstances and options.

1 Answer | Asked in Family Law for Missouri on
Q: Can I be emancipated without having to prove my parents "unfit"?

I'm three month's away from turning 17. I need to leave my house due to the fact that it is an unhealthy living area. My mother and stepfather are not abusive. We all just never get along and have lots of issues with each other constantly. I was just wondering if there was anyway I could... View More

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2018

The standard is "unfit, unwilling or unable" you just have to meet one, so it they are unwilling or unable then it still works. Also, you will need to be able to support yourself in some form or fashion. Talk to an attorney local to you about your circumstances to determine your options.

1 Answer | Asked in Child Custody, Child Support, Contracts and Divorce for Missouri on
Q: Should I sign an agreement that my husband and I came up with on our own including custody, visitation, spousal support,

We are supposed to have it notarized and I'm afraid because of the position I am in.

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2018

If you are concerned about the agreement, talk to a local family attorney and ask them to look it over for you. Never sign something you aren't sure about.

1 Answer | Asked in Divorce for Missouri on
Q: I just moved to Missouri 3 weeks ago, and my husband lives in Tennessee. Can I file for divorce?
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

You can file in Missouri if you intend to remain here, however if your husband has no real contacts with Missouri, he can contest the jurisdiction. And if you have children together, the state where the child have been for the previous six months retains jurisdiction. Your best bet may be to file... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What rights does my daughters father have? We have never been married & no custody agreements.

My daughter is 3 years old. Her father & I have never been married, we do not have a custody agreement. My daughters father is listed on her birth certificate and she does have her fathers last name. What rights does he currently have to her? Am i able to move out of state without his consent?

Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

Currently he does not have any rights to your daughter. You may move out of state. However, be aware, that he can always start a paternity action before you move and essentially stop your ability to relocate. Talk to a family attorney close to you about your situation and options.

1 Answer | Asked in Juvenile Law for Missouri on
Q: My boyfriend has been in juvie three time cause of an exparte how long will he be there
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

How long he will be there depends on the conviction and the judge. Juvenile court can maintain jurisdiction over a person until they are 21.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My sister wants sign her rights to her daughter to me and my fiancee my sister has an open case with child services

How does she sign her rights away to me will we have get a lawyer

Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

The only way she could sign her rights away would be if you adopted the child, and if the child in currently in children's division's custody, you would have to become an approved placement under the juvenile court first. You could also seek guardianship of the child, which is done in... View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: What is the current missouri statute 452.455
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

There isn't one, it was repealed in 2009. That statute used to say that in order for a parent to submit a motion to modify a current order, they had to catch up any child support obligation for which they were in arrears. But, like I said, it's been repealed, so you don't have to... View More

1 Answer | Asked in Child Custody for Missouri on
Q: How does a Mother get legal custody of her child back from a legal guardianship?

My friends uncle got legal guardianship of her 2 year old. The mother is now drug free and taking regular drug test through her probation officer for the next 5 years. She is wanting to know the next steps to getting legal custody of the child back. What would her next steps be in this process?

Lydia Seifner
Lydia Seifner
answered on Mar 29, 2018

She will need to file a petition to terminate the guardianship. Have her speak with an attorney local to her.

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Can Grandparents rights or visitations be attached to a Missouri adoption?

We have legal guardianship of our grandson. A visitation schedule for his maternal grandparents was attached by the court to the guardianship. His mother is deceased and his father has signed over parental rights to us. Could the court attach visitations or grandparents rights for the maternal... View More

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

It would be unlikely. Adoptions legally sever original blood ties, and set up new ones under the law. So if you adopt your grandson, legally he speaking he becomes your son. Talk to an attorney about your adoption options.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Missouri on
Q: filed a false report out of anger

caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

You should go to court and admit that you lied; they'll dismiss it.

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex girlfriend of 12 years is all the sudden after 5 years of making me believe they are is claiming my 2 kids are not

What I should do she's claiming a mistake of fact but I now have proof she's known all along .I don't wanna lose them no matter what they live with me now

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

The best way to confirm or dispute if the kids are yours is to have a DNA test done and seek a Declaration of Paternal Rights (or Paternity Action) in court. Talk to an attorney local to you about getting your paternal rights established.

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: How much time can I ask for in my extension for responding to requests and production?

I am pro se going through a very rough divorce with a narcissist. I has hit with requests for interrogatories, statement of assets and debts, income and expense statements, request for productions and things. I was also hit at the same time for mediation. I did not even realize what the... View More

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

Extensions typically go for 30 days; if there is a lot for you to do and your disability gets in the way, ask for 60 days.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: What can i do if im charged child support before i was served the divorce papers and if im not the natural father.

I adopted my son at 5 yrs old he is 12 now. I have near to zero income and cant pay child support. What can i do to get it lowered or taken out completely.

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

It doesn't matter if you are the natural father, if you adopted the child; you are now the legal father. If you have no income to provide for child support, child support enforcement will be asking for your income to calculate your obligation amount, ask them for an appeal and submit an... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: 17 year old unmarried mother baby's father lives in georgia is he able to take the baby out of missouri

He has been in atlanta since 3 month pregnant has not provided any financial support during this time, will be home for the birth and name will be hyphenated with his. what are the rights for him at that point

Lydia Seifner
Lydia Seifner
answered on Mar 23, 2018

Until the father has his rights declared in court, even if he is on the birth certificate and the child has his name; the father does not have decision making authority over the child. He will not be able to take the child out of state.

1 Answer | Asked in Family Law for Missouri on
Q: Can my 17 year old daughter be kept in the children and family services system even after she turns 18 next week?
Lydia Seifner
Lydia Seifner
answered on Mar 20, 2018

It is possible to keep juveniles in the system until they are 21. It will depend on the plan social services has intended for her. Speak to an attorney local to you, who is experienced in juvenile matters about your situation.

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