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Questions Answered by Lydia Seifner
2 Answers | Asked in Family Law and Child Custody for Missouri on
Q: Girlfriend signed an acknowledgement of her ex as father to her child, she now wants custody. What's the best approach?

They were never married. He lives out of state, she in Springfield. They currently have a 5 week alteration. From what I can tell it looks like she can just keep him and file for custody?

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2019

Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.

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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: 19 year old attending college has moved out of her mother's house who we are paying C.S. to, can we terminate?

Daughter is no longer staying with the mother, but we are paying the mother a high amount of child support.

Lydia Seifner
Lydia Seifner
answered on Mar 11, 2019

It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own,... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Q: Does Missouri recognize triparenting?

I am the biological mother. My boyfriend is biological father to my youngest and is adopting the oldest. My female roommate is married and wants to adopt the two children as well since all 3 of us raise them.

Lydia Seifner
Lydia Seifner
answered on Feb 25, 2019

While your roommate can assist you, and your boyfriend in raising the children, you cannot have have more than two legal custodians for a child.

2 Answers | Asked in Divorce for Missouri on
Q: How long will a divorce last, start to finish, before its finalized?

I'm asking on behalf of my boyfriend, who is unfortunately still married to his ex. They have been separated for going on 4 years now and he and I are wanting to get married and this is preventing that.

Lydia Seifner
Lydia Seifner
answered on Feb 25, 2019

The speed of a divorce depends on how cooperative the parties are with each other. If they are both on the same page regarding how to separate property and custody, then a divorce can be resolved in a little over a month. If however, the parties are fighting about the issues, then a typical case... View More

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1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Hello. I'm needing to know what rights noncustodial parent has when child has been moved out of state without consent?

Also, child is 6 yrs old and was pulled out of school by custodial parent in September 2018 and is still not enrolled or attending school. Moved 6 times in less than six months. What are my rights?

Lydia Seifner
Lydia Seifner
answered on Feb 14, 2019

Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in... View More

1 Answer | Asked in Divorce for Missouri on
Q: Hello, I am wanting to know about a soon to be divorce.

Hello,

I am wanting to know about a soon to be divorce. My wife is going to serve me papers sometime and I want the wedding ring back. It was a $2,500 ring from Kay and she ended up pawning it and lost it due to non-payment. How can a recoup the funds used for the ring since I am going... View More

Lydia Seifner
Lydia Seifner
answered on Feb 14, 2019

There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a... View More

1 Answer | Asked in Child Custody for Missouri on
Q: which county court to file child custody modification?

I moved from one county to another with in MO with kids ex and I share custody with. He's been filing modification by his attorney and some modification was accepted by the judge in the old county we used to live and he still lives in but not me and kids. My lawyer didn't inform me... View More

Lydia Seifner
Lydia Seifner
answered on Feb 4, 2019

Unless all parties have moved from the previous jurisdiction, a modification is proper in the county which issued the previous decision.

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Q: I filed for divorce in TN from my husband, and then moved to Missouri. What are my next steps to dissolve the union?

We have five children together, he was served but a court date wasn’t scheduled. He is aware that we moved, we moved because he stopped providing support.

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2019

Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance... View More

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on
Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.

i moved out of my moms 6 moths ago and she has threatened me to either come home or she will send me to a mental hospital until im 21, even tho i am mentally stable.

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2019

You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send... View More

1 Answer | Asked in Personal Injury and Child Custody for Missouri on
Q: My sister is 16, and my mom attacked her hitting her in the face with her phone and my sister pushed her into the tv.

My mom then got on top of my sister and hit her again so my sister hit her back. Now my mom is threatening to send her to Juvy. Can she?? And since I’m 18, can I get custody if my mom is taking narcotics??

Lydia Seifner
Lydia Seifner
answered on Jan 28, 2019

If your mom tried to report it, it sounds more likely that your sister would be placed into a foster home instead of detention. If you are over 18, then you could be considered a placement option for your sister, so long as you can support yourself and her. Report the event to social services... View More

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: Divorcing we have a 6 year old and 1 year old together. If non-custodial how many days a week/month can I see kids?

Living in same city can I request to see my kids daily or multiple times a week? The kids spend 75% time with me since birth because the mom is in NJ working most of the year. She is promising to remain in the same city and work locally. I was told that anytime a non-custodial with joint custody... View More

Lydia Seifner
Lydia Seifner
answered on Jan 17, 2019

There is no minimum or maximum amount of time a non-residential parent may be allowed to see his or her children. The court's take the parents' schedules and relationships with the children into consideration; and sometimes it depends on the judge's personal preferences. Many... View More

1 Answer | Asked in Child Custody for Missouri on
Q: If i have a temporary custody agreement, to see my son every other weekend, what can i do when she doesn't show up?

She text and let me know she will not let me have him on my weekend. I filed a report with police, they would not make her uphold to the judge signed agreement. But they would take the report. Now im stuck here not seeing my son for four weeks, even if she decides to show up the next appointed... View More

Lydia Seifner
Lydia Seifner
answered on Jan 14, 2019

You can file a family access motion with the court to get the court to impose sanctions on her and grant you make up time for the lack of contact. If the problem persists, you may need to speak to an attorney to seek a Modification of custody so that you have primary residence with the child.

1 Answer | Asked in Family Law for Missouri on
Q: Mom wont take visits with kids!!!! Says a parent plan isnt a court order!!!

Ive had my 2 kids for 18 months. Mom has gone months without contact. I went for 50 50 because my lawyer said it would be better. Since Tuesday at court mom was suppose to pick kids up Wednesday til Wednesday. Shes already missed it and said she doesnt have to get the kids because its not a court... View More

Lydia Seifner
Lydia Seifner
answered on Jan 10, 2019

You cannot force a parent who does not want to see the kids, to exercise his or her time with the children. However, if it becomes a recurring problem, you could file a modification to change the taxes and child support to reflect the current parenting time. If you choose to do that route, talk... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: My sons father pays child support threw the state. But has not seen my son in 3 years. Is that considered abandonment?

My son is 6 and has seen bio dad a handful of times. He knows my husband as his dad. Multiple times his bio dad has disappeared and come back later trying to see him. At this point it has been 3 years since they have seen each other. However he does have child support taken out of his checks by the... View More

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

The first thing to do would be to ask the biological father if he would contest your husband's adoption of your son. If not, then an adoption would be very straightforward. If he would contest the adoption, then you a court would have to evaluate the strength or the parent -child... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Where do I go to get temporary custody of my son. My ex has him an he's not on the birth certificate.

An how soon can I get them

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

Who gave your ex temporary custody? If it was the Court, then you need to follow the Court's orders and make sure to attend all of the other appearances to work out the case. However, if there is no order regarding custody, and the two of you were unmarried at the time the child was born;... View More

1 Answer | Asked in Family Law for Missouri on
Q: Family law Transportation custody Required living space and child support

What to do about a situation

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

I'm sorry, this question is too vague. Without details about your situation, there is no way to answer your question.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

I have a set of twins that will be 18 in June. My ex has had custody since they were 6. I've been paying CS but recently found our that one of them is living w/ his ex-wife and he is paying her $100 month in CS for our daughter. The other is living w/ her boyfriends mom (BF is at school) and... View More

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and... View More

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1 Answer | Asked in Divorce for Missouri on
Q: My husband and I have been separated for almost 30 yrs. we did not have a legal separwould we still have to divorice

we have no property and our children have passed away

Lydia Seifner
Lydia Seifner
answered on Jan 7, 2019

Well, it depends on what you want to accomplish. If you are happy with the way things are, then no, you don't need a divorce. If either of you wishes to remarry, then yes, a divorce would be required.

Also, understand that if one of you were to get sick, the other would be in...
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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Missouri: My child graduates in May, age 18. Do I still pay support until Oct knowing he won't attend higher education?

He will be working full time, but likely still living with his mother

Lydia Seifner
Lydia Seifner
answered on Jan 3, 2019

You will need to contact child support enforcement in may and fill out their forms for terminating child support; but otherwise you don't need to wait until October to file for termination.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Missouri on
Q: Is it illegal when a minor doesn't do any kind of schoolwork, and the parent doesn't do much about it?

She's also been abused, and she's kept in her house 24/7, unless she is at her church or out to eat. She isn't allowed to even walk away from her condo 25 ft. She's been called "slow, dumb, stupid, worthless, etc" and more degrading things. Is there anything I can do... View More

Lydia Seifner
Lydia Seifner
answered on Jan 2, 2019

While parents not enforcing homework, is not illegal, or abusive; the rest of what you describe is abusive. Contact your local social services about the child's situation.

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