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Questions Answered by Lydia Seifner
1 Answer | Asked in Child Custody for Missouri on
Q: I am currently in Missouri state moving back to North Carolina in a few weeks. Where do I need to do child custody at?

I am married and have yet to file for divorce. I want to have rights to my children beforehand.

Lydia Seifner
Lydia Seifner
answered on Sep 17, 2018

You and your husband will have equal rights to your children until a court orders otherwise, regardless of what state you are in. It is typically considered that a state has jurisdiction over children after they have been in the state for six months,

1 Answer | Asked in Juvenile Law for Missouri on
Q: Can a 17 year old be legally engaged with a 22 year old?
Lydia Seifner
Lydia Seifner
answered on Sep 10, 2018

They can be engaged, but without consent from a guardian, they will need to hold off on getting married until the younger party turns 18.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I've been a stay at home mom for 3 years.

My daughter's father recently got kicked out of his house for not being able to pay rent. He moved into an unsafe house just to have a place to stay, and is now demanding that I take our daughter there and threatening me with attorneys and court cases. What are my rights?

Lydia Seifner
Lydia Seifner
answered on Sep 10, 2018

First of all, don't ever be afraid to go to court. Secondly, it is unclear from your question what the current parenting orders may be, if you have never been to court regarding custody, and the two of you are unmarried, then you are the only one with rights to the child. If the two of you... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If I have a signed letter from my husband that my son will live full time with me in Ca. can he try to take him

We recently separated because he had an affair and he told us to come back to California to be with my family. I have a signed letter that I was taking my son. Then a few days later he signed a letter stating my son will live 100% of the time with me in California. Does he have any legal right to... View More

Lydia Seifner
Lydia Seifner
answered on Sep 10, 2018

As you two are separated and did not go through court to decided upon a parenting plan, you both have equal rights to your son. Talk to an attorney as soon as possible to pursue a legal separation or divorce which will include a court enforceable parenting schedule.

1 Answer | Asked in Child Custody for Missouri on
Q: If the mother has started a custody order but there has been no court date yet, does the father have any rights?
Lydia Seifner
Lydia Seifner
answered on Sep 7, 2018

No, not until temporary orders are issued by the Court.

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: What is father to do if he makes a lot less than ex and can't afford the support ordered to pay when they share custody

The father ordered to pay just started working due to medical issues but only makes half of what ex (whom is primary) makes. He pays all childs expenses while at his home (buying clothes, food, etc), but court has ordered him to pay a quarter of what he makes a month all while trying to take care... View More

Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

It sounds like you need to talk to an attorney about seeking a modification.

1 Answer | Asked in Child Custody for Missouri on
Q: My ex has custody but my daughter lives with me. Can my ex just change her school without my permission?
Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

It depends on who has legal custody of the child, if you have joint legal custody, your ex would need your permission; however if your ex has sole legal custody, then they may do change the child's school. It's strange that your ex has custody if the child lives with you, I would... View More

1 Answer | Asked in Family Law for Missouri on
Q: Does my child have to go her fathers house every other weekend?

My husband and I have been separated 9 years. My 12 year old daughter stays with me. 13 yr old son with him. Daughter doesnt want to go to grandparents house where dad lives every other weekend. She gets so stressed she stops eating. Does she honestly have to go? Its effecting her health. Theres no... View More

Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

If there is no court order, then there is nothing to enforce and she doesn't have to go. Be aware, you both have an equal right to the children, until a judge says otherwise, so he has every right to come and get her for visitation. Your best course of action, if you are not ready for a... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Mom: My daughter is 17 and no longer wants to go to her dads on his weekends. Do I have to make her?

father and step mother are negative in there treatment and attitude towards.

Lydia Seifner
Lydia Seifner
answered on Aug 31, 2018

17 is a gray area. You must follow the court orders until the child is 18. However, if he wanted to file a family access motion to enforce visitation, or you wished to file a modification based upon their degrading relationship, then case may not get resolved until after the child turns 18, in... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: If a person makes false statements against someone in court documents what can be done by the accused
Lydia Seifner
Lydia Seifner
answered on Aug 30, 2018

If you can prove the statements are false, you can have the witness impeached, and possibly have the other party's pleadings thrown out.

1 Answer | Asked in Child Custody for Missouri on
Q: Temp orders and jurisdiction child custody

Trying to get custody of child. Mother moved child from our shared home to another state, and moved to two other states as well. Her exact whereabouts are unknown and she refuses contact. I have been able to serve her in Arkansas and Oklahoma but we have a current child support order in Missouri.... View More

Lydia Seifner
Lydia Seifner
answered on Aug 30, 2018

The court in Missouri will not be able to enter orders on custody if there is a pending petition in another state.

1 Answer | Asked in Divorce for Missouri on
Q: I've spent over $250K on my divorce. It has dragged on for 2 years. Can I drop it? I need these expenses to end.

I'm the petitioner, and we have a prenup. I filed for divorce after she claimed that I hit her, and had me removed from my own house. After that, she broke into my storage unit, sold everything inside, and stole the original prenup. She also took $15,000 out of my bank account. That was all... View More

Lydia Seifner
Lydia Seifner
answered on Aug 29, 2018

So long as she has a counter-petition, dismissing your petition would not stop the divorce. If you want everything to stop, find a way to settle. If you feel like your attorney does not have your best interests in mind, you may want to talk to someone else in your area about representing you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Will it be difficult for my sons father to get extended out of state visits if he lives 6.5 hours away?

My son's father moved to out of state 6.5hours away 10months ago. He has been back to see him once to see him for 10hrs max. He keeps saying its my fault he doesn't see him cause we don't have a legal agreement yet so i won't let him take him out of state or drive to meet him... View More

Lydia Seifner
Lydia Seifner
answered on Aug 27, 2018

That will depend upon the judge. Some judges believe that the time between parent and child is so important, that extended visits are worth it; other judges will say that a 13 hour round trip is too much time for a small child to spend traveling. Talk to an attorney local to you for more... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: if both parents have 50-50 custody,is child support still ordered
Lydia Seifner
Lydia Seifner
answered on Aug 22, 2018

Child support is based upon two things: how much each parent makes and would provide for the child if the parents were still together, and how much time each parent has the child in his or her care. If there is a significant difference in the parents' income, then even with 50/50 custody, one... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: Is there a way to terminate child support after the final order has been submitted if both parents agree upon it?
Lydia Seifner
Lydia Seifner
answered on Aug 20, 2018

Yes, you would submit a motion to modify, and after 30 days of service, a joint agreement.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have this friend she has a second-degree misdemeanor endangering welfare of a child on her back ground and she is

Pregnant She was wondering if the state could come in after having the child and take the baby way? Also everything is done and over with she doesn't have to go to court or anything it's just that's on her record cuz her son had passed away and she took the deal to put her son to rest.

Lydia Seifner
Lydia Seifner
answered on Aug 20, 2018

The state doesn't keep track of an individual after his or her case is finished, additionally the state takes custody of a child on a case by case basis. So if your friend had a child taken away before, that does not automatically mean that this child will be taken away.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: My daughter turned 18 and graduated from high school. Do i have to pay child support during the time she's not in school
Lydia Seifner
Lydia Seifner
answered on Aug 16, 2018

If she in not enrolled in college by October of this year, then you may have your child support terminated, if she does enroll in school of some kind, then you must continue paying child support until she either drops out, graduates, or turns 21.

1 Answer | Asked in Family Law for Missouri on
Q: I am 16 and 5 months pregnant how do I move out of my parents house they won't let me or can I just go
Lydia Seifner
Lydia Seifner
answered on Aug 15, 2018

Unless you have become emancipated, or are 18, you cannot leave your parent's home without their permission.

1 Answer | Asked in Child Custody for Missouri on
Q: father is not on the birth certificate&there isn't a court set custody agreement.can he keep them from me?

We have DNA tested bit that's it. He recently decided to be in there life so I let them go to his house for a little while, now has telling me I can't have them back. He lives in Iowa and I live in Missouri. What do i do?

Lydia Seifner
Lydia Seifner
answered on Aug 14, 2018

Under Missouri law, and unwed father does not have legal rights to his children without a court order. Therefore, you can go and retrieve the child, ask the police to assist you.

1 Answer | Asked in Juvenile Law for Missouri on
Q: When is the legal age to move out of parents home in missouri

Not liking living situation and would like to do better

Lydia Seifner
Lydia Seifner
answered on Aug 13, 2018

A child may move out of his or her parents home when he or she reaches eighteen or becomes emancipated.

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