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Questions Answered by Lydia Seifner
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My oldest daughter is refusing to give me back my 2 year old. What can I do?

In Dec. I became homeless. After much thinking and crying I decided the best interest of the baby would be to let her stY with her sister til I could get back on my feet a little. But now she refuses to let me see her or give her back to me.

Lydia Seifner
Lydia Seifner
answered on Jul 5, 2018

Unless the child has been adopted by your older daughter, then your parental rights have not been severed, and you have a right to your child. Contact the police to help you retrieve your child; some jurisdictions will do this, some will require a court order first. Your older daughter was... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: I.am married and have a 4yr old and my wife took my son and went to TX with a man and said he is the dad what can i do
Lydia Seifner
Lydia Seifner
answered on Jul 5, 2018

If the child was born in your marriage, you are the legal father and have equal rights to the child, even if you are not the biological father. You should talk to an attorney local to you as soon as possible about pursuing physical custody of your son as part of either a legal separation or a... View More

1 Answer | Asked in Family Law for Missouri on
Q: I was told it is illegal to text anyone under the age of 18 once you turn 18
Lydia Seifner
Lydia Seifner
answered on Jul 2, 2018

Just texting in general, no, that's not illegal. Sexting, however, depends on how old is the minor.

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: I want to know my options to be apart of my daughters life again?.

I haven’t seen my daughter for 3 years and we have a court order papers for when I’m supposed to see her. She won’t let Me see her. We live in the same town but she’s not allowed to look or talk to me. If I even look at the driving my by in town they flip me off and follow me home. I... View More

Lydia Seifner
Lydia Seifner
answered on Jul 2, 2018

If you have court orders for visitation and mom is denying that time, then you should file a family access motion to reestablish your previously ordered visitation. You may even need to file a modification for custody based upon parental alienation with therapeutic family counseling to reestablish... View More

1 Answer | Asked in Family Law for Missouri on
Q: Is it easy for a grandparent to obtain guardianship from the mother just because they want to.

The only thing is the parent had addiction issues, went to treatment and is in recovery. Has no legal issues, and is seeking out Continuing Care. The father gave up his rights. now the father's parents are trying to take guardianship

Lydia Seifner
Lydia Seifner
answered on Jun 27, 2018

In order for a non-parent to be awarded guardianship, they must prove that the parent is unwilling, unfit or unable to continue with the parental responsibilities. So long as you are willing, fit and able to care for your children, it should be fairly easy to contest the guardianship. Talk to an... View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Not married/He is on birth crtf & child support thru pprwork only!never went in front of judge. Can imove out of state?

We never went i front of a judge and did any cusdody aggreement. I filed child support through court and they eventually started sending me payments.

We were never married.

He hasnt seen the kids in 6 months.

He is on the birth cirtificate.

Can i move out of... View More

Lydia Seifner
Lydia Seifner
answered on Jun 25, 2018

If you have never been to court, and have no custody agreement/orders in place; then you are the sole decision maker regarding the children and may move or go on vacation whenever you like.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: Father passed away from cancer. While he was sick and on medication my sister tricked him into changing his deed

My father just passed away from cancer. Years ago he had went to an attorney and had both my sister and I, transfer on death for his property and house. Well after he found out he had cancer and starting getting really sick and put on morphine my sister went to an attorneys office and had him draw... View More

Lydia Seifner
Lydia Seifner
answered on Jun 25, 2018

You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.

1 Answer | Asked in Family Law for Missouri on
Q: IS IT LEGAL FOR ME TO MOVE MY CHILDREN TO ANOTHER STATE , WITH WHAT I THINK IS GOOD CAUSE.

MY WIFE AND I HAVE BEEN LIVING TOGETHER FOR MONTHS SEPERATED BUT NOT LEGALLY SEPERATED. SHE HAS BEEN IN TROUBLE WITH THE LAW. HAS BEEN ARRESTED 2 TIME IN THE PAST FOR MONTHS. THE CHARGES PENDING AGAINST HER ARE DWI, FIRST DEGREE BURGLARY AND ASSAULT IN THIRD DEGREE. HER COURT DATE IS JULY 11... View More

Lydia Seifner
Lydia Seifner
answered on Jun 22, 2018

If you have no court order for custody, you each have equal rights to the children. So you may move with them, but she may also come and reclaim them. Talk to an attorney local to you about getting a legal separation with temporary custody.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I have been trying to find an attorney to help with my situation. I am seeking emergency custody of my granddaughter.

My daughter has no place to live, she's been homeless for awhile. She has dcf cases in 4 different states. She has anger issues, mental health issues, and a drug problem. She was incarcerated on June 10th for assault and possession of maijuana and the baby came into my care. My daughter has... View More

Lydia Seifner
Lydia Seifner
answered on Jun 22, 2018

You will need to seek guardianship over the child. Some counties will have forms for child guardianship on their websites, but it is best to talk to an attorney local to you to assist you,

1 Answer | Asked in Family Law for Missouri on
Q: If a 17 year old moves out against parents wishes, what can she legally take with her?

My daughter turns 17 in two days and is planning on moving out without our consent. She is already packed and just waiting for her birthday. She has stuff packed that I don’t want her to take (not hers). What does she have legal right to take? Or, what do we legally have to allow her to take.... View More

Lydia Seifner
Lydia Seifner
answered on Jun 21, 2018

Until she is 18, she does not have a legal right to leave against your wishes. That being said, even if she were 18, she would only have a legal claim to her clothing and toiletries, items she purchased, or items that were given to her as a gift. She would not be able to take furniture or bedding... View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Do I need to get custody of my grandson if I have had him since birth, his father has never paid child support

My daughter died in 2004 from accident, she was never married but has a son, she lived with me before having an accident, and after being paralyzed, the child's father is on the birth certificate he never paid child support when my daughter died the order died also is what the state told me,... View More

Lydia Seifner
Lydia Seifner
answered on Jun 18, 2018

If he was never declared the legal father by a Court, he has no say over the child now. However, you should still obtain a guardianship over your grandson if you have not already, which will allow you to get a passport for him. When your grandson turns 18, he is the only one with access to the... View More

1 Answer | Asked in Child Custody for Missouri on
Q: If there is no court custody for two kids the mom has one dad has the other if dad leaves state with the one child with

Out mom knowledge what can she do

Lydia Seifner
Lydia Seifner
answered on Jun 15, 2018

If the parties were not married when the child was born, then dad has no rights to the child, and mom is the sole legal decision maker and custodian. She can call the police and report a parental kidnapping.

1 Answer | Asked in Juvenile Law for Missouri on
Q: Hi my nephew lives in Colorado with his parents and he is 16 and wanting to leave and come live with me in Missouri.

Is he able to leave legally at the age of 16 with out having to go threw an emancipation?

Lydia Seifner
Lydia Seifner
answered on Jun 13, 2018

No, he will have to be emancipated or have his parents' permission to live with you. If you believe his parents are unwilling or unable to care for him, you can seek a temporary guardianship over him, but that will have to be done in Colorado.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: my gf of 12 years just came to my house after agreeing to let me have my son for the summer and took him.

how do i go about getting visitation with my son

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

If you don't currently have a court order for custody and visitation, then she can deny you time when ever she wants. You should talk to an attorney local to you as soon as possible about seeking a Paternity action or a Declaration of Paternal Rights, so your time with your son is enforceable... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: What are my options?

I have 50/50 custody of my 7 year old son with my ex wife. We exchange our son every Sunday. I am ordered by the court to pay child support. For the past 6-8 weeks she has been in the hospital. She did not notify me of this, but because we live in a small town, I find things out. One week was even... View More

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My daughter wants time with her dad, but not spend a lot of extra time with only his girlfriend. Daughter is 8

My ex’s girlfriend is stepping into our custody arrangements. She asked my daughter if she’s want to stay for a week while she’s off work. They didn’t tell my daughter her dad still has to work. My daughter thought she’d have a week with her dad. She’ll only see her dad briefly during... View More

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

Your daughter cannot make the decision to not go; however if the week was an extra visitation and not part of the custody agreement, then you can deny the time on her behalf.

2 Answers | Asked in Child Custody for Missouri on
Q: I was granted custody of my daughter until she turns 18. Can she move out without my permission when she turns 17.

Everybody keeps telling her she can. I need to know what the law says about this. It was court ordered that I have custody until the age of 18. Her grandparents keeps telling her it doesn't matter what me or the papers say, that when she turns 17 she can move out.

Lydia Seifner
Lydia Seifner
answered on Jun 11, 2018

No, she cannot. Unless the court orders a change of custody, or grants her an emancipation, then you have custody until she is 18. If she tries to move out before then, she will be considered a runaway.

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1 Answer | Asked in Family Law for Missouri on
Q: I'm going through the process of getting my name changed. Is it possible to get the case sealed? If so, how?

How do i ask the judge for a higher level of security? The circuit clerk recommended writing a letter? Or is there a form I could fill out? How likely will the judge rule on sealing the case?

Lydia Seifner
Lydia Seifner
answered on Jun 6, 2018

You have to ask the judge for a higher level of security, and you will need a very good reason for it.

1 Answer | Asked in Family Law for Missouri on
Q: Does the Division of Family Service and the court have to acknowledge a POA?

My brother is incarcerated and signed POA to me. The Division shut me out of the last FST meeting and said I am not party to the case. I have set in on every support team meeting with my brother until he had to do his plea. They have broke every rule in the book in his case. It is criminal!

Lydia Seifner
Lydia Seifner
answered on Jun 4, 2018

No, they don't have to acknowledge it. Power of Attorney is a private decision someone makes to allow another person short-term decision making authority over their legal affairs. In order for a parent to grant a third party temporary custody over a child, they need to appoint a guardian... View More

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: My ex never married has sole custody of our 14yr daughter that he has nothing to do with. I have physical custody

for 2 yrs now. I cannot get any kind of legal help from legal services because of funds. Father does not provide any support instead the state helps me. Ex in violation of court order . Court order was done in Alabama and later transferred to Missouri. Child's father does not reside in either... View More

Lydia Seifner
Lydia Seifner
answered on Jun 1, 2018

You will need to seek a motion to relocate, and likely modify the current order. This shouldn't be too difficult if he has not been involved in the past two years. Talk to an attorney local to you about the motion to relocate.

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