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Questions Answered by Lydia Seifner
1 Answer | Asked in Family Law for Missouri on
Q: I have a child that the father is not on the birth certificate and was not in his life for the first year and a half.

He is now saying that I will have to pay for 1/2 the paternity testing and give him visitation. Is this correct?

Lydia Seifner
Lydia Seifner
answered on Mar 19, 2018

No. If the two of you were not married when the child was born, then he is not entitled to visitation, even with a positive DNA test. He will have to got to court to assert his paternal rights first. Until then, you may deny visitation and you are not required to pay for have of the paternity... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: My 14 year wants to go to jail and is acting out because of this. What do we do
Lydia Seifner
Lydia Seifner
answered on Mar 19, 2018

It sounds like there is a lot of background there, that needs to be addressed. Get your kid in counseling.

1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Missouri on
Q: Ex-husband punched son in the face while I was talking to my son on the phone. The call was recorded. Police did nothing

My son had a bruise/redness/scratch by left eye. He also slapped the right side of his face leaving handprint and bloodied his lip. The police officer didn't believe my son, even though I told them the incident had been recorded. No pics taken by officer, I took some inside the police... View More

Lydia Seifner
Lydia Seifner
answered on Mar 19, 2018

If the officer did not call social services, then you should. Also contact an attorney local to you ASAP about seeking a child protection order for your son and possibly to modify you custody order so you son is not living with your ex.

1 Answer | Asked in Family Law for Missouri on
Q: do i need a lawyer to file a child support termination affidavit ? 1 child is graduating college.

the other child is 20 and does not want support

Lydia Seifner
Lydia Seifner
answered on Mar 16, 2018

You don't need a lawyer for that, just contact child support enforcement and tell them that you would like to terminate child support based on emancipation. They will send you a form to fill out and return to them. Be aware, you are still responsible for the support until the termination... View More

1 Answer | Asked in Family Law for Missouri on
Q: . How long must I wait between filing a change of venue and my answer and counter?
Lydia Seifner
Lydia Seifner
answered on Mar 15, 2018

Usually you will refrain from filing an Answer until after the venue has been changed, otherwise you are submitting to the jurisdiction the petition was originally filed. Getting a change of venue can be tricky, speak to an attorney in the jurisdiction you are attempting to change to, as soon as... View More

1 Answer | Asked in Family Law for Arkansas on
Q: Who should file for the 6 month hearing on an appointment of guardianship?Does it expire if no hearing occurs?

The papers read " On the expiration of 6 months this Court will schedule a review hearing of this case, at which time the court will determine if the petitioner should remain as Guardian of the said minors....but until further hearing the court does so order..........is hereby appointed... View More

Lydia Seifner
Lydia Seifner
answered on Mar 15, 2018

If the papers say the Court will schedule the review hearing, then let the court be responsible for scheduling the hearing. If it is over six months, they are likely busy, the Court will get to it.

1 Answer | Asked in Family Law for Missouri on
Q: Can a grandparent sue for visitation rights if we live in one county and the parent in another county?

Our son died in August 2017. We have not seen his son, our grandson, since the funeral. We don't know why. We've tried everything short of suing to fine out what's going on. She sold their home in Lee's Summit, Jackson County & moved to Camden County in Jan 2018 & we... View More

Lydia Seifner
Lydia Seifner
answered on Mar 14, 2018

Yes, you can; living in another county won't matter. However, you may want to file in Camden county if the relocation is permanent. Talk to an attorney in the county where the child lives about grandparents rights.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: I wouldn't drop child support order because my child's father does not see/do for her so he filed joint custody can he ?

Can he get joint custody? My daughter is one year's old and is terrified of him the 2 times he has come around. I told him if he'd come around and let her get use to him she'd feel more secure but he doesn't and now that I've had to file for support and won't drop it... View More

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

It is possible for him to receive joint custody, and he will receive it from the courts if you do not respond to his petition. Talk to a family attorney as soon as possible in the jurisdiction where you live or where the petition was filed.

1 Answer | Asked in Divorce for Missouri on
Q: What form or motion do I file in MISSOURI to have my husband ordered to pay for a divorce attorney for myself?

What form or motion do I need to file in the state of Missouri to have my husband ordered to pay for an attorney for myself. I seem to meet just about every if not all of the special circumstances. He is the petitioner and has his own lawyer and I know they are taking advantage of me as I am... View More

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

You could ask the court to award temporary maintenance and attorneys fees. But the court usually doesn't award attorney's fees until the end of the case to reimburse that asking party for fees already spent. It is uncommon for a court to award fees upfront. Many attorneys take... View More

1 Answer | Asked in Divorce for Missouri on
Q: My grandma has had to come stay with us and we were wanting to know how a divorce would work with her and her husband??

They are both elderly and he just recently gave his son $70,000 out of his account. He has always refused to have a joint account with her. They own their house free and clear and we just wanna know what my grandma is entitled to in a divorce.

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

There is not enough information here about what property your grandparents own and when it was acquired to be able to adequately answer a question about property distribution. Your grandmother should speak to a family attorney local to her to discuss her marital and sole assets.

1 Answer | Asked in Child Custody for Missouri on
Q: I’m curious about the father of my children signing his rights over. Does someone have to adopt them?

Or can he just sign his rights over to me?

Lydia Seifner
Lydia Seifner
answered on Mar 9, 2018

In order for one parent to voluntarily terminate parental rights, someone else would have to adopt the child. However, if the father is completely uninterested in maintaining a relationship with the child, then you could petition the court for a modification of your current court order to grant... View More

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Can father keep children from mother with no court orders. Just divorce filed.

The children remained with him because of school. Mother moved out of school district. Father is restricting mother visitation. Says when she can see them. Sets up a time and then he takes them. Says she did not call before she came. Two family functions coming up and father is saying will get back... View More

Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

In a divorce, each parent has equal access and rights to the children until a court says otherwise. If there have been no orders for custody and parenting time issued by the court, mom can see the kids whenever she wants.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Hello, I am 16 almost 17 and was curious do I need to get a job or what are the requirements to get emancipated.
Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

Yes, being self-supporting is a requirement for emancipation. Then you will need to file a petition with the court to be considered emancipated by the court. You can also join the military or get married to be considered emancipated.

Talk to a family attorney close to you about the...
View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Does transfer of guardianship or custody resolve financial support from the biological parents of the 17 yr old asks it?

My 17 year old left home on his own to get involved with drugs and such. He wants another person to take custody of him. Will a transfer of custody or guardianship still make the biological parents financially responsible for him or does that make the person asking for the responsibility legally... View More

Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

If another takes legal guardianship of your son, that person then become financially responsible for the child.

1 Answer | Asked in Child Custody for Missouri on
Q: Can I file for custody of my nephew if my sister has left him with me and no idea when she will bee back

My sister is a junkie and so is the babys dad and I haven't heard from either parent to check on child or know how to get a hold of them

Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

It will depend a little bit on the length of time the child has been with you. If it has only been a day or so, I would say wait for mom to come back. However, if the child has been in your care for over a month, then you should speak to family attorney local to you about seeking a guardianship... View More

1 Answer | Asked in Family Law for Missouri on
Q: If me and my ex agreed in our divorce papers. That she has to pay me $2000.00. And she doesn’t pay. What can I do?

It’s in our divorce papers signed by us and the judge

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

If she doesn't comply with the divorce papers, you can seek a motion for civil contempt. The first one is usually more of a slap on the hand, but if she continues to ignore court orders, you can have an her wages garnished until she has paid off her obligation. Talk to an attorney in the... View More

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: It has been since June 1st 2017 that my husband and I have been together. He was having an affair on me.

I found out, and called it off. About a month afterwards, he was charged with Enticement of a Child. And Hareasment, on an 11 year old neighbor. He then started dating another woman, and has gotten her pregnant. At first we were being civil with the children. One is his step son, ( but doesnt know... View More

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

Until a court says otherwise, you both have equal access and rights to the children. The rule of law is "best interests of the child", it will depend upon the local rules of your jurisdiction a bit, but generally courts will believe joint custody is in the best interests of the child... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: My 18 year-old son graduates high school this May and is going to college this fall and joining the Reserves.

Do I still have to continuing to pay child support for him? My daughter is also in college an turns 21 in April. I'm under the understanding my child support stops for her at 21. I live in Missouri

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

Your support obligation for your daughter does end when she turns 21. Your son however is a bit tricky. Typically, support obligations continue when a child is in school, until they are 21, however, when a enters the military, they are considered emancipated. If he is receiving employment from... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can I file a police report on my daughter's mom for taking items that I bought for my daughter and not giving it back?

I share custody of my daughter. Her mom has taken things before and think she can do what she wants whenever she wants.

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

A police report wouldn't necessarily work for that. A motion for contempt might work better. However, if she can prove that there is no agreement to return the items and that they are indeed being used for the benefit of your daughter, then legal remedies might be a little difficult to obtain.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Another man is suing my wife and I for custody of our son because she had an affair around when he was conceived

We took a DNA test and it came back 99.99% paternity to myself. He is still taking us to court. Do we need to hire a lawyer? The child is not his

Lydia Seifner
Lydia Seifner
answered on Mar 5, 2018

Yes, you should hire a family lawyer to get the action dismissed. If he is not the biological father, and not the legal father, then he has no rights to the child and cannot be given custody. Make sure to provide whomever you hire with a copy of the DNA test.

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