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Questions Answered by Lydia Seifner
1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: Can I contact a Judge?

I have kinship care of a 3 year old. I have had him for over 2 years. Mom lives on the streets with hardly any contact and dad just released from prison. Dad is now petitioning the courts to gain custody. The child is scared of him and begs not to go with him each visit. Dad was in prison for... View More

Lydia Seifner
Lydia Seifner
answered on Feb 7, 2018

No, you cannot contact the judge directly. If you are named as a party in the petition, and you are unrepresented, then you may speak with the judge in the presence of the father's attorney, but you cannot speak to the judge privately. Also, if you are named as a party you may (and should)... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Hello, my daughters mother left about 2 years ago and I took over and moved my daughter out of her moms (grandparents)

She barely hears from her mom and haven’t seen her in about 6 months. I’m now moving forward with custody case, she’s not trying to get her back but I was worrying if she come legally get my daughter back if she wanted too. She didn’t have a steady home and my daughter goes to school from... View More

Lydia Seifner
Lydia Seifner
answered on Feb 6, 2018

Until you get the custody petition filed with the court, she can collect the child at will. Once it is filed however, you can ask for a temporary custody while the case is pending, and it will stop her from suddenly taking the child. The court will not want to upset the child's routine.... View More

1 Answer | Asked in Legal Malpractice for Missouri on
Q: I initiated a case to re-establish visitation with my grandson. My lawyer filed this in civil court.

She knew at the time that his divorced parents had already dealt with a custody dispute in family court. The father's lawyer insisted that the law requires this to be dealt with in family court and my lawyer agreed with him to move it.

Was it a legal error on her part to file in the... View More

Lydia Seifner
Lydia Seifner
answered on Feb 6, 2018

Lawyers are not supposed to charge for fixing their mistakes. You may want to consult to someone who handles malpractice cases, instead of those who handle family law. But, first talk to your attorney and see if she will negotiate on the bill.

1 Answer | Asked in Child Custody for Missouri on
Q: Single Mom in MO. My ex boyfriend took our daughter will not give her back what do I do?

Steps to take to get my daughter back. He took her in middle of night refuses to let me see her it has be two weeks.

Lydia Seifner
Lydia Seifner
answered on Feb 6, 2018

If you do not have a custody order from the court, then as the two of you are unmarried, he does not have any rights to her. You can go get her, when ever you like; if you need to, contact the local police department and ask for an officer to escort you on his property. If you have a custody... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: If me and my boyfriend decide to get married will my income be effected by his child support? Will I have to pay too?
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

Your income will not be affected by his child support obligation, nor will his obligation become yours to pay. Now your contribution to the household may affect his support obligation if the amount gets modified in the future; and you may have to assist him in paying his obligation, just as... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I go to jail for kidnapping if I am not able to find a ride to take my son home?

The court order between my ex and I states that we are both fit to have joint, legal, and physical custody of our son. My ex is claiming if I cannot find a ride, he will call the cops and press kidnapping charges.

Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

Generally, if you have joint custody, you are not kidnapping just because you can't provide the return transportation. Especially, if your ex was aware of the transportation issues and is refusing to retrieve the child himself. As long as this is a rare occurrence, and you are trying to find... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My child’s mother posted a video of him driving her car while on her lap.He’s 8,would I win sole custody?
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

The courts award custody based on the best interests of the child. You haven't given enough information about the circumstances for anyone to know the severity of the act. If they are sitting in her driveway, or driving in an empty back-road at two miles an hour, the court may not view that... View More

1 Answer | Asked in Family Law for Missouri on
Q: If I have a felony can my girlfriend lose custody of her children
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

It depends on the felony and whether or not you live with your girlfriend and her kids. Talk to an experienced family attorney close to you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Why would a parenting plan say that weekend custody has to be within 90 miles of father's residence.

I live in Missouri and mother lives in Minnesota

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

Not knowing anything else about your situation, it is probably to keep the child from having to spend his/her entire weekend visits traveling.

1 Answer | Asked in Family Law and Adoption for Missouri on
Q: My child's father hasn't made effort to be involved for several years. Is it my legal obligation to know his address?

The address I had for him was incorrect. I tried having him served other papers prior to filing adoption. He couldn't be served at that address. So when we filed adoption, we ran an add in the paper instead of trying to serve him. Child support garnishment has stopped so now he got a lawyer to... View More

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

It is not your obligation to know his address. It is his obligation to inform you of his address. The fact that his hasn't been involved and failed to keep you updated so that you could serve him personally goes in your favor. Talk to an attorney local to you who does contested adoptions.

1 Answer | Asked in Child Custody for Missouri on
Q: Can I file for Custody of my daughter If shes living with me in Missouri and mother is in Florida and hasn't supported?

My daughter has been with me for 2 years and her mother has not supported her at all. Can i file full custody?

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

Based on the information you've given yes. If you do not currently have a custody order, then you will need to file for paternity. If you already have a custody order, then file a modification. Talk to an attorney local to you ab out your next step.

1 Answer | Asked in Child Custody for Missouri on
Q: can the grandmother of my child get full custody?
Lydia Seifner
Lydia Seifner
answered on Feb 2, 2018

Only if your rights were terminated and she adopted your child. However, she can get guardianship if you are not in a place to care for your child right now. Talk to a family attorney local to you to discuss your goals.

1 Answer | Asked in Child Custody for Missouri on
Q: My ex-husband wants to terminate his parental rights. What forms/papers do we need to file with the court in Missouri?

My ex-husband has seen our children only once in the past nine years and called them less than a dozen times since. It hurts them all the time because he emails me and wants me to tell them he will come see them but never does. He has recently stated that he wants nothing to do with them and has no... View More

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

Your ex cannot terminate his rights without someone to take his place. It sounds like your husband meets the qualifications for step-parent adoption. Talk to your spouse and kids to confirm that is something they would want to do; and then talk to a family attorney about filing a step-parent... View More

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: Do I have a right to my deceased grandmothers things?

My grandmother passed away and of her 2 children (my dad and my aunt) my aunt took everything. Now my father is also deceased and i am the next of kin. Do I have a place to try and get the other half of what was left from my grandmother when she passed?

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

Did your father die before or after your grandmother? If your father died before your grandmother, then you (and any siblings you might have) are entitled to his portion of your grandmother's estate. If he died after your grandmother, then it was his place to seek his portion of his... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I have guardianship of my sister, and my mom is currently receiving child support for her. Should i be receiving it?

My 14 year old sister has lived with me for 1 year, I've had legal guardianship of her since August 2017. Our mother is currently receiving her child support payments. Can i legally get those switched over to me? My mother is completely out of the picture.... what can i do?

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

The support is supposed to go to the care of the child, if you are her legal guardian, then you are eligible to receive support on her behalf. Talk to a family attorney local to you about seeking a modification as a intervenor on the current child support order.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If my 17 year old child were to move out of my house and I did not want her to, is there anything that can be done?

If I filed a missing persons report would they bring her back even she says she is safe? Does the law see her as old enough to make this decision? I’ve heard of other kids doing this.

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

This is one of those topics in which legal theory and reality don't match very well. Technically, she is still a minor and you can report her as a runaway, or if you know where she is, ask the police to bring her back. However, there's a limit to what you can realistically force her to... View More

1 Answer | Asked in Divorce for Missouri on
Q: I was petitioner on divorce papers just because my husband wanted divorce I never did but filed anyway can I stop it

Court is tomorrow I don't want divorce

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

Tell the judge tomorrow you would like to a continuance to give the two of you a chance to reconcile. There must be "irreconcilable differences" to qualify for a divorce. If you husband really wants a divorce, the judge won't let the two of you stay together, however if there is a... View More

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO MEET MOTHER 90 MILES OR LESS FROM MY HOUSE?

MOTHER LIVES IN ANOTHER STATE. PARENTING PLAN STATES THAT MOTHERS WEEKEND VISITATION IS FORM FRIDAY TO MONDAY PRIOR TO THE RESUMPTION OF SCHOOL.

BUT ALSO SAYS THAT CUSTODY SHALL BE WITHIN 90 MILES OF FATHERS RESIDENCE. AND UNDER TRANSPORTATION IT SAYS THAT IF PARTIES CANNOT AGREE PARENT... View More

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

If your plan says to meet at mother's house, then that's what you have to do. It is unclear from your question if someone moved since the last court order, if so, then you have grounds to file for a modification. Talk to an attorney local to you.

1 Answer | Asked in Family Law for Missouri on
Q: Can the father of my 17year old. That gave up his legal rights to her. Sign documents from school and enroll her w/o me?

She left home and refuse to come home. I transfered her papers so she was in school. But mitch pearson is not a legal guardian or legal parent

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

You can't give up legal rights to a child unless there is someone else to step into the role, such as with adoption. From what you described, you were granted sole custody. As sole custodian, you are the only one who can enroll her in school.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: My daughter 17 moved ,wont tel me were she is,and she cut herself month ago what are my opinion to get her help?

Im in missouri she said it been a month sence she cut herself

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

You can report her as a runaway. She's not allowed to live on her own until she is 18.

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