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Questions Answered by Lydia Seifner
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I am representing myself in a custody issue. Should I propose my offer to my ex's attorney before the hearing date?

Also, at what point does the state assign a GAL?

Lydia Seifner
Lydia Seifner
answered on Feb 20, 2018

Yes, propose you offer early, if it is reasonable, you may be able to work out a deal before trial and save yourselves some trouble. The state assigns a GAL if there is abuse or neglect apparent in the case, or if one party asks for a GAL and has a good reason for it.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: legal guardianship an support for minor child.

6 year old child living with a family the mother of the child has a boyfriend in the family! The mother basically abandoned the child an has been on the streets doing herion for the past 2 years ! She is now incarcerated an the head of the family watching him has died an has a huge trust!! Nothing... View More

Lydia Seifner
Lydia Seifner
answered on Feb 19, 2018

No, the trust cannot be challenged. Though the family head seemed to be doing mother a favor by caring for the child in the first place, it does not sound as though this family is actually responsible for the child. While in state custody, it is the states responsibility to care for the child;... View More

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Do we have any legal recourse as far as puppy rights?

My daughter and her fiancé own a dog which bred my daughters best friends dog. The best friend lives in the home with my daughter and her fiancé. She, the best friend, is threatening to take all eight puppies and to keep the money from the sale of the puppies for herself because she needs the... View More

Lydia Seifner
Lydia Seifner
answered on Feb 19, 2018

This is really an animal law question.

1 Answer | Asked in Divorce for Missouri on
Q: husband asked for divorce, wants me to move out. He has rented our downstairs and I am living here. Can he do that?

He has not been living in the home for 3 weeks and was supposed to give me time to get a fence built so I can take my dogs with me. Now he is threatening to move them in while I still live here. We went through this a couple of years ago and when I left he took some of my property and also... View More

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

Until the property is divided by the court, you each have equal rights to the property. Talk to a family attorney local to you about seeking temporary division of the property while your divorce is pending.

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: How do they determine child support if the non custodial parent is unemployed due to circumstances beyond their control?

This is in Lincoln County. Troy Missouri. Not divorced yet, upcoming court date for dissolution of marriage

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

Child support is determined by how much each party either makes or can make. So if one party is unemployed, the court considers the reasons around unemployment, such as if the party is disabled or quit their job.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: What can I do? I'm 15 and pregnant

I'm 15, almost 16 and I'm pregnant. What legal rights do I have over my child? Can I move somewhere else if I have a probable cause why?

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

You have every and all legal rights over your child. You may move without consulting the father, however, you are also still subject to the authority of your own parents as you are underage. Talk to your parents or legal guardian about your desire and need to move.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: My mother just died and my brothyer is getting everything. Is that right?
Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

If your mother had a will, she can give her property and assets to anyone she chooses. If your mother died without a will, you and your brother are entitled to equal shares of her estate. Talk to an estate planning attorney local to you about contesting the will.

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: I have my son 5 days a week but I pay 450$ a month child support. How can I win at least split custody?

According to the court papers from our divorce, I am only supposed to get him every other weekend and one night during weekdays, but I have him at least 5 days a week. Sometimes 6. And I have him every weekend. I pay her 225$ every two weeks. I have hundreds and hundreds of photos with time and... View More

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

You may not be defining your time with him the same way the court defines time. The court counts nights, and where the child goes to bed. If you are merely spending the day with him, it won't affect the custody order or child support. If you have him overnight more times than every other... View More

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for Missouri on
Q: What does “consent judgment against (name) for full order of child protection - civil suit disposed” mean?

I saw this in a newspaper article and am confused on what it means. Against makes it sound not good for the person but then it says disposed so is that good? Also what is the full order of child protection?

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

Consent judgment means the parties agreed, or at least one party did not show up and contest the action. A full order of child protection is an restraining order on behalf of the child; and disposed means that the court has made a final decision. The whole thing means that a restraining order on... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can my husband be ordered to pay for a lawyer for me for our contested Divorce / Custody case.

Husband left us Nov 28th and hired a lawyer the next day to file for divorce. Our son and I still reside in the home which he is still making the mortgage and utility payments on. However that very same day he closed the bank and chaged all the passwords to anything financial. Of course... View More

Lydia Seifner
Lydia Seifner
answered on Feb 16, 2018

The judge can order your ex to reimburse you for your attorney bills, but that is usually at the end of an action and it not guaranteed. You may want to ask for temporary maintenance at your next court appearance so that you can afford an attorney to assist you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I just returned from a 6mo military deployment. Is there any Missouri law that allows extra visitation post deployment?

I would like to have extra time with my child, since we lost out on 6 months of seeing each other. My ex will not agree to this on her own. I am hoping there is some law out there that could help me get extra visitation?

Lydia Seifner
Lydia Seifner
answered on Feb 16, 2018

Yes, it is possible to receive make up time for the months you were deployed, however you may need to seek a family access motion to receive it. Talk to an experienced family attorney local to you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I be held in contempt of court if the children refuse their Dad's visitation, even if I take them as ordered?

The children are 15 and and 12 and their Dad has rejected his parenting time in the past due to "work conflicts," because the kids were sick, or he doesn't want them to have their phones at his house. There is a GAL, co-parenting counseling, and active CPS report (kids' have... View More

Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

As long as you, yourself, are following the order, you cannot be held in contempt. If Dad decides to refuse visitation, that's his fault. Document every scheduled visitation, and whether or not it took place. If the kids are the one's refusing to visit their dad due to his prior... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I am not on my daughter's b.c her mom's in prison her grandparents have her what can I do to get custody.

I haven't signed any thing she has my last name and we have a great relationship the grandparents have raised her mostly because her mom's in and out with drugs and the grandparents r doing drugs. I m recovering but am married and now doing well my daughter loves me but they don't... View More

Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

You need to talk to a family attorney local to you about seeking a paternity action for sole custody. Make sure to check that the grandparents do not have guardianship over the child, if so you will have to file for it to be terminated as well.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Do you deal with divorce and child custody from this state to another?
Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

It is unclear what you are asking.

You can submit to the jurisdiction of any state to start a petition for divorce. However, if the Respondent does not have any real contacts with that state, they can have the action removed to wherever they live or the state both parties lived in for...
View More

1 Answer | Asked in Divorce for Missouri on
Q: Married 2012 bought house in 2007 filed bankruptcy in 2013. Do I have to pay equity to husband if I walk away
Lydia Seifner
Lydia Seifner
answered on Feb 14, 2018

If you bought a house before you married, the house is your property. If you refinanced at any point and/or added his name to the title, then it is technically joint property. If he has contributed to a mortgage or repairs in any way, he may be entitled to be compensated for his contribution to... View More

1 Answer | Asked in Child Support, Family Law and Tax Law for Missouri on
Q: I pay child support monthly no back arrearage, and I have no parental rights can I write it off as a charitable donatin

I have paid Child Support for about 4 years now. I have no access to my child as i was backed in to a corner to give up rights. I still pay Child Support! can I start writing the donations off as a tax deduction or what can I do about that its starting to feel like I am giving a charitable... View More

Lydia Seifner
Lydia Seifner
answered on Feb 12, 2018

You cannot right it off as a charitable donation, because it is a court ordered obligation, not something you elect to pay. However, you can include it into your taxes as part of your expenses. It is not possible to actually give up rights to your child without someone else taking your place;... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: Can my deceased brothers wife contest my father’s will?

My father, who recently died, had a will leaving everything to my surviving brother and me equally. I had two brothers who predeceased my father—one brother’s widow died a few years ago and the other brother’s widow has become voluntarily estranged from our family. I believe that she still... View More

Lydia Seifner
Lydia Seifner
answered on Feb 11, 2018

As the beneficiary of your brother's estate, his widow has the ability to contest the will on behalf of her late husband. Just because she has the ability to contest doesn't mean she will. Talk to an estate planning attorney local to you.

1 Answer | Asked in Juvenile Law for Missouri on
Q: How long can my child be held in juvenile without being charged for a crime

My child's mother turned him trying to deflect attention from her daughter who got in trouble at school for touching a boy's private area. She claimed that my son touched her over a year ago but he has been living with me for almost 2 years now the courts will not release him to my... View More

Lydia Seifner
Lydia Seifner
answered on Feb 11, 2018

The detention facility can hold a juvenile for 24 hours without a court order. With a court order, they can hold the juvenile until they are 21 or they become in compliance with the order. It sounds as though their are conditions already attached to his release, so I assume a court order is in... View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Can a custodial parent threaten the non custodial parent with uping child support or make him pay her to see his son

She is trying to give him notice via text which is not legal, she said his extra days are taken away cause he won't agree, she is trying to say he has to pay her extra for his son, she is also trying to move when they don't have the means to do so what advice could he get to help him

Lydia Seifner
Lydia Seifner
answered on Feb 8, 2018

You do not rent your child. Time and child support should be determined by the court, if he does not have a custody order as of yet, you should seek one immediately. Talk to a local attorney about seeking a paternity action.

1 Answer | Asked in Child Support, Criminal Law and Family Law for Missouri on
Q: My husban hasnt seen his kids in 3 years but he still oays child support what can we do? These women move. All the time.

We need help with back chikd support tgat wasnr modified when my husband dudnt have a job.

Lydia Seifner
Lydia Seifner
answered on Feb 8, 2018

You can modify back owed child support dating back to the date of filing of a modification. But if you did not seek a modification during a time when your husband was unemployed, there will little anyone can do to adjust that amount of back owed support. If you husband is currently unemployed you... View More

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