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Questions Answered by Lydia Seifner
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My husband took my children out of state and is refusing to bring them back at agreed time. Is this legal?

We are separated but nothing is filed.

Lydia Seifner
Lydia Seifner
answered on Dec 28, 2018

If you are still married and have not had a custodial arrangement declared by the court through a legal separation; then you both have equal access to the children, and he may move them out of state or refuse to return them as he wishes. Talk to an attorney local to you as soon as you can to... View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: my Husband has two children with ex gf and has joint custody.. He moved out of MO does this affect him?

The mother of his children has primary custody so the agreement was for him to get them some days (no nights) while he was living in Missouri. However he moved to IL and is now married to me.. his children come To visit him often and stay here with us while they are on vacation.. did He need to... View More

Lydia Seifner
Lydia Seifner
answered on Dec 28, 2018

If the visitation schedule has changed and the parties wish to have an modification on file with the court to reflect those changes, making them enforceable, they may do so with an uncontested Motion to Modify. But it's not necessary if both parties are in agreement.

2 Answers | Asked in Child Custody for Missouri on
Q: My sons mother and teacher are withholding educational information from me regarding my son, i have full rights to.

Among dozens of other noncompliant issues my sons mother does against our court ordered parenting plan. She has texted that the teacher and herself are withholding important educational information about my son. The parenting plan states I get all information that she does. What can we do about... View More

Lydia Seifner
Lydia Seifner
answered on Dec 17, 2018

You could spend a lot of money trying to enforce the current orders in your parenting plan, or you can just go talk to the school. One of the simplest things to do is to first contact the teacher and make sure your ex isn't making things up. If the teacher insists on withholding information,... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?

My spouse and I separated 6 years ago and have been equally sharing custody and expenses related to our child since then. Neither of us want to change that. Is it necessary to file form 14 even if neither party is requesting support?

Lydia Seifner
Lydia Seifner
answered on Dec 4, 2018

Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.

1 Answer | Asked in Child Custody for Missouri on
Q: How long can a child custody case legally be continued in Missouri?
Lydia Seifner
Lydia Seifner
answered on Dec 4, 2018

This question is a bit unclear.

If you are asking how long a parent can have legal custody of a child, then custody over a child continues until the child is eighteen. If a disabled, adult child requires care beyond the age of eighteen, then the matter should be addressed in probate...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Q: Father has been absent for a year and a half due to failing to comply with the court order of a drug test.

I am filing to get Sole Legal and Physical Custody. I need advice and help on what my chances are and what my defense is to protect my child. I am currently in a serious relationship and engaged. We have spoke about adoption but are not sure on what that process entails or what we need in order to... View More

Lydia Seifner
Lydia Seifner
answered on Nov 27, 2018

Considering that the father has been absent for so long, and did not comply with court orders, you may very well be able to get sole custody, especially if he continues to be absent and does not respond to the petition for custody.

Regarding your engagement, you and your new spouse will...
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1 Answer | Asked in Child Custody for Missouri on
Q: My child is 14 and wants to live with me but my exhusband has custody. The ex is willing to sign a Leage paper to revers

To reverse custody we both agree. How do we do it

Lydia Seifner
Lydia Seifner
answered on Nov 26, 2018

You will need to file for a Modification to change custody. If you both agree, then it will be a fairly simple and quick process. Contact an family attorney local to you to assist you.

1 Answer | Asked in Estate Planning for Missouri on
Q: What happens to my student loans if I die without a proper will? Does debt transfer?
Lydia Seifner
Lydia Seifner
answered on Nov 26, 2018

No, student loan debt does not transfer; the debt would be discharged. The government might claim a portion of your estate to settle the debt, but none of your family members would become responsible for the remainder.

1 Answer | Asked in Divorce for Missouri on
Q: My divorce was granted today in Minnesota, is there a waiting period before i can remarry in the state of Oklahoma ?
Lydia Seifner
Lydia Seifner
answered on Nov 26, 2018

You will want to check on the Minnesota court rules and statutes to confirm, but most states take 60-90 days before a judgment is finalized. You want to wait until after that time period, because if the other party finds an issue with the judgment, they could ask the court to reopen the case;... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: Can wills be updated after the person passes away?
Lydia Seifner
Lydia Seifner
answered on Oct 26, 2018

No, after death of an individual, the will is set and unchangeable.

1 Answer | Asked in Child Custody for Missouri on
Q: Grandfather and his fiance adopt his granddaughter. Adults split, granddaut. Is 2. Gfather wants gdaut.

Ex made up domestic violence charge. Gfather did 120 day drug rehap. Ex will not allow child to see or be with any bio family. Bio mom is feathers daughter and she does have visit rights but ex calls police and lies to get exparte. Ex has become unfit psychologically. Bio family want baby in our... View More

Lydia Seifner
Lydia Seifner
answered on Oct 5, 2018

The grandfather needs to contact a family attorney attorney local to him ASAP to discuss this case.

2 Answers | Asked in Family Law and Divorce for Missouri on
Q: If my attorney quits and I get my file can I represent myself if we have agreed on a settlement. In a divorce

My attorney with held the settlement my husband and I agreed on until he recieved final payment. When I told him I would seek legal advise else where he quit. Can I take that settlement which my husbands lawyer drew up back to him signed and notarized and Let his attorney submit it to the court?... View More

Lydia Seifner
Lydia Seifner
answered on Oct 4, 2018

If the settlement has been drawn up and nothing has been changed, and you are can agree to it; you can sign it and let your husband's attorney submit it.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: I have sole and physical custody of my daughter who says she is moving with her mom in iowa without my permission

Mother only has visitation. My daughter is out of control and needs substance abuse treatment .Can she come to Missouri and just take my daughter out of state? She is $7000 behind in child support. Will I then have to pay the mother? Isn't it true that all guardianship paperwork would have to... View More

Lydia Seifner
Lydia Seifner
answered on Oct 2, 2018

Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not... View More

1 Answer | Asked in Family Law for Missouri on
Q: How many days a month can a grandparent see there grandchildren in the state of Missouri. When the parent denies visits
Lydia Seifner
Lydia Seifner
answered on Oct 2, 2018

That depends on which parent is denying you time with the children. Grandparents' rights were created to help children maintain connections with both sides of their family. If your own child is denying you time with your grandchildren, you cannot request visitation time under... View More

1 Answer | Asked in Child Custody for Missouri on
Q: If im the Natural mother can i Take back physical custody of my Children After the COURT Awarded my mom guardianship?

The Case happened in the Family court of St louis County 21st Judicial court in Missouri and was ruled on October 2017

Lydia Seifner
Lydia Seifner
answered on Sep 26, 2018

You will have to file for and have the court order a termination of guardianship, first. Talk to a family attorney local to you to assist you.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: How does my baby's biological dad voluntarily sign over his rights? And can my boyfriend adopt my baby?

I live in Missouri. My baby's biological father left me after I found out I was pregnant and has a new girlfriend. We were only together a few weeks. My baby is 5 months old and at his request we did a paternity test. He has still not met his baby or paid child support and Now he is wanting to... View More

Lydia Seifner
Lydia Seifner
answered on Sep 20, 2018

The only way to terminate a biological parents are with an adoption. However, unless there is a court order regarding custody, an unwed father does not have any rights to his children, so if you want to merely keep the child away from him, you do not have to do anything; so long as he does not... View More

1 Answer | Asked in Family Law for Missouri on
Q: How do I remove my child’s hyphenated last name?

I was 16 when my first child was born and my mother forced me to hyphenate her last name with her fathers and my maiden name. Her father and I are now married and have three more children and my daughter gets upset that her last name has the hyphen, unlike her siblings, father and I. How can I go... View More

Lydia Seifner
Lydia Seifner
answered on Sep 19, 2018

You need to petition the court to change the child's name, since both of her parents are on board it should be a simple enough fix. Talk to an attorney local to you to assist you.

1 Answer | Asked in Child Custody for Missouri on
Q: How long does it take to get guardianship of a child if there parent dies and the other parent hasn't been around ever

My daughter and grandchildren have always lived with us. My daughter passed away a few months ago and I'm trying to get guardianship. They live in my home presently. Sophia is 9 and sees her.dad on a regular basis, he signed the guardianship papers to keep the girls together, saige will be... View More

Lydia Seifner
Lydia Seifner
answered on Sep 19, 2018

If he has received the paperwork and hasn't done anything to either approve or contest the guardianship, then ask for a Trial date and make sure he has notice of the court date. Then simply have a trial and see if he shows up. If he continues to ignore everything, then the judge will issue... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: If the other party won't set a court date to appear, and I've been waiting for 5 months, what should I do to get a date?

I've been in court with my daughters father for over two years for custody and child support. The custody schedule is in place but I'm waiting on child support. It seems his lawyer is prolonging the case to keep him from paying. Every set court appearance for the past 5 months has been... View More

Lydia Seifner
Lydia Seifner
answered on Sep 18, 2018

Unfortunately, yes, a case can go on for months and years waiting on one party. The only thing you can do at this point is to keep asking for trial dates. Eventually the court will get tired of it and stop continuing it. In the until that time, you could ask for costs or enforcement of child... View More

1 Answer | Asked in Juvenile Law for Missouri on
Q: I’m 17 and my fiancé is just now 22. Can we get married?

We’re getting married in February. We have parental consent. I just wanna make sure it’s okay.

Lydia Seifner
Lydia Seifner
answered on Sep 17, 2018

If you have parental consent, then you may marry at 17.

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