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Questions Answered by Lydia Seifner
1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Can my fiance adopt my son?

My son's biological father isn't on the birth certificate and no paternity has been established. I haven't heard from him in over a year at which point he told me never to contact him again regarding our child. He's been in prison for the last 8 month's. Can my fiance adopt... View More

Lydia Seifner
Lydia Seifner
answered on Aug 13, 2018

Step-parent adoptions usually require the parents to have been married for six months first. Otherwise, you meet the requirements for adoption. Get married first, and then after six months, contact an adoption attorney in your area to assist you.

1 Answer | Asked in Juvenile Law for Missouri on
Q: I am turning sixteen in a few weeks and i would like to know the soonest i can move out of my parents house
Lydia Seifner
Lydia Seifner
answered on Aug 13, 2018

You can move out without their permission when you are eighteen. Otherwise you will need to become emancipated or have someone else file for guardianship over you.

1 Answer | Asked in Child Custody for Missouri on
Q: Can my sons father take him from me with not having his own place nor car and living with a friend who does drugs?
Lydia Seifner
Lydia Seifner
answered on Aug 13, 2018

Unless there is a court order granting the father visitation and or custody; an unwed father has no rights to the minor child, and cannot take the child out of your custody without your permission. If there is an existing court order, I encourage you to seek out legal assistance to file a Motion... View More

2 Answers | Asked in Family Law, Immigration Law and Child Custody for Missouri on
Q: My sons father was recently released on bond from a detention center facing deportation, he is an illegal immigrant.

He has filed for joint custody. He wants to take my son to California from Missouri, but with being released on bond can he leave the state? Also, can I file for full custody?

Lydia Seifner
Lydia Seifner
answered on Aug 9, 2018

Unless the two of you are married, or have an existing court order, you are the only one with rights to the child; he can't take the child anywhere. Furthermore, it does depend a little upon the conditions of his release, but typically, if he has been released on bond, he won't be able... View More

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1 Answer | Asked in Family Law for Missouri on
Q: Biological father took 16 year old daughter to get a tattoo without biological mother's consent no custody filed

There are in Colorado

Lydia Seifner
Lydia Seifner
answered on Aug 8, 2018

While an unwed father does not have rights to a child without a custody orders from the court; the damage here is already done. You might be able to sue him for the costs of having the tattoo removed but otherwise I can't think of many other remedies in Missouri. If all the parties are in... View More

1 Answer | Asked in Child Custody for Missouri on
Q: I live in Missouri. The father of my children is petitioning for joint custody. What is the chance I can get sole custoy

He has never met our youngest and has not seen our 4 year old in 2 years. He wants to sign his rights over so he doesn’t have to pay child support. He sent me a text saying if I didn’t let him sign his rights over he was going to go for custody. I’m wondering what the chances our that i can... View More

Lydia Seifner
Lydia Seifner
answered on Aug 6, 2018

He cannot sign his rights over without someone else to take his place, like a step-parent adoption. However, the two of you can agree to an order for no child support, and no visitation, if that is what you both want. He can also dismiss his petition, if he desires. Talk to an attorney local to... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My sister left her boyfriens last night and the cop told her since the baby was basically in his arms she couldnt

There was no dna test they filed for a birth certificate but he's not on it yet and they were not married

Lydia Seifner
Lydia Seifner
answered on Aug 5, 2018

That's incorrect. If an unwed father has not be proven to be the father in court, then he has no rights to the child; only the mother does. While the police are very knowledgeable about what constitutes a crime, they tend to be lacking about civil matters. Your sister may claim her child,... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: Do my spouse and I need wills if we own our house jointly?
Lydia Seifner
Lydia Seifner
answered on Aug 4, 2018

No, if you jointly bought the house, then you own the house in joint tenancy with rights of survivorship. So if one of you dies, then the other gets the house.

1 Answer | Asked in Divorce for Missouri on
Q: Please interpret this for me....my ex and myself do not ageee on the meaning

2. The amount the parties shall pay shall be calculated based upon the actual cost to the child, i.e. even if the child receives a scholarship or other aid which reduces the cost. The “cost” does include the amount of such scholarship or aid. For this purpose, loans to the student shall not be... View More

Lydia Seifner
Lydia Seifner
answered on Aug 4, 2018

It means the costs of college are based upon what is left to pay after scholarships and and grants are applied.

1 Answer | Asked in Estate Planning for Missouri on
Q: can a sibling caregiver draw out all funds of an estate without another sibling executors knowledge in a willed trust.

Older brother was caregiver of parents and wages defined by dad in trust. Youngest brother named executor. Several cash cd's involved. Approximately $350000. Dad passed seven years ago. Mom passed in February 2018. Several of the CDs were designated as to be shared equally amongst siblings.... View More

Lydia Seifner
Lydia Seifner
answered on Jul 30, 2018

You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your... View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: I am a non-custodial parent but I have lived in the same home with my 2 kids for over a year. Can I regain custody?

The custodial parent and I have been together since a month and a half after our agreement was set. We are both our names on the lease in our home. The agreement is set that I only get visitation twice a week and it must be supervised. Since living together that agreement has not been followed. I... View More

Lydia Seifner
Lydia Seifner
answered on Jul 25, 2018

Under those circumstances, you definitely qualify for joint custody. Talk to an attorney local to you about seeking a modification to reflect your current circumstances.

1 Answer | Asked in Child Custody for Missouri on
Q: I need to know what my rights and my options is to have my son live with me as he don't feel safe or care for at his mom

He is in process of being adopted and I only have joint custody

Lydia Seifner
Lydia Seifner
answered on Jul 23, 2018

Who is he being adopted by, will determine what your options are; I encourage you to speak with a family attorney local to you as soon as possible.

1 Answer | Asked in Child Custody for Missouri on
Q: If someone has called dfs on you numerous times and made false statements about you to law enforcement is it harassment?

Everything was unfounded because there were no facts backing it up and it is starting to look like retaliation.

Lydia Seifner
Lydia Seifner
answered on Jul 23, 2018

Unfortunately, there's little you can do at the moment. As they are not harassing you directly, but going through an agency, you can't take out an order of protection or an injunctive order of any kind; it is up to the agency to police itself. If it is the same person, making the... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can I move from the Missouri State with my daughter without her fathers consent? We are not married, just live together.

My partner is in her birth certificate, I need to move because we are living together but he don't let me work, he controls everything including the money, intimidation, emotional abuse. He is using his male privilege so I can't take decisions. I am a Registered Nurse and I will not have... View More

Lydia Seifner
Lydia Seifner
answered on Jul 16, 2018

If the two of you were never married, then he has no rights to the child and you may move as you wish. He does have the option of pursuing a custodial rights through a paternity action; but until that time, you are the only one with rights to your child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My child’s father is ordered to pay so much of child support a month. He hasn’t made any payments.

He is now taking me to court for conference settlement which we have agreed on already. He is now saying if I don’t cancel child support it will drop down. Is this true that his lawyer can change the price of child support?

Lydia Seifner
Lydia Seifner
answered on Jul 13, 2018

They have to first demonstrate that the current order is too difficult for him to reasonably make.

1 Answer | Asked in Family Law for Missouri on
Q: does spousal support stop once the spouse remarries
Lydia Seifner
Lydia Seifner
answered on Jul 12, 2018

Yes. Maintenance terminates once the receiving spouse remarries, the assumption is that the new spouse will support the person originally receiving maintenance.

1 Answer | Asked in Child Custody for Missouri on
Q: Hi I live in Missouri and my son is 17 and his dad has primary custody, however he doesn’t want to go back to his dad.

Since he’s 17 can he stay?

Lydia Seifner
Lydia Seifner
answered on Jul 10, 2018

The child can't make the decision to stay until he is 18. However, you can submit a motion to modify to the court to change residential custody, the court usually considers the child's wishes when a child is that old. You will want to file the motion early before the school year starts,... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: My child is 18 and getting ready to attend college. Me and her other parent have joint custody and I pay child support.

My child has moved in with me full time. What do I do since the other parent says I still have to pay child support. Here in MO.

Lydia Seifner
Lydia Seifner
answered on Jul 9, 2018

You need to file a modification based upon a change in the child's residential custody to terminate the current child support order. Contact an attorney local to you to assist you.

1 Answer | Asked in Child Custody for Missouri on
Q: how do we restore my natural parental rights after getting back together is there a form, i signed the divorce,

we are together, but we want it like we never had a divorce and custody at all, the court did not force it i signed it. is there a form or can we just type it up notorize and file?

Lydia Seifner
Lydia Seifner
answered on Jul 9, 2018

Your parental rights were not severed in a divorce. You don't have to follow the parenting plan if you are both in agreement and back together. If you are concerned about terminating child support, the receiving spouse may inform the Family Support Division, that you are back together and... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: If me and my ex were to get back togther is it possible to terminate his child support payments it was court ordered

It was court ordered and it is taken out of his check monthly

Lydia Seifner
Lydia Seifner
answered on Jul 5, 2018

Yes, you can contact the court and request that the court abate his payments, or tell them that the payments are being made directly.

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