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Questions Answered by Lydia Seifner
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Just need to know more about paternity and my legal rights as father. And about signing a birth certificate

Baby hasn't been born yet.

Lydia Seifner
Lydia Seifner
answered on Jun 1, 2018

Signing the birth certificate will not assign you legal rights over the baby. In order to assert you legal rights, you will need to seek a paternity action, or a Petition for the Declaration of Paternity. Talk to a family attorney local to you about your circumstances.

1 Answer | Asked in Divorce for Missouri on
Q: my daughter and her father bought a house before she married. Is now seperated(not legally). Husband moved her out and

and changed the locks. is this legal in Mo?

Lydia Seifner
Lydia Seifner
answered on May 31, 2018

Nope, the house belongs to her and her father, not her husband.

1 Answer | Asked in Juvenile Law for Missouri on
Q: If your 17 and a 15 year old wants to fight you, can you fight them?
Lydia Seifner
Lydia Seifner
answered on May 31, 2018

No, you can be charged as an adult. Try to resolve your conflict with words.

1 Answer | Asked in Estate Planning for Missouri on
Q: If you live in a house, are on the occupancy permit, but not on title what are your rights if the title holder dies?

Been in the house for about 15 years. Don't pay rent. Not a spouse or child of the title holder. Title holder has children.

Lydia Seifner
Lydia Seifner
answered on May 30, 2018

You have no rights to the property. You will have to ask permission of the title holder's children to remain on the property.

1 Answer | Asked in Family Law for Missouri on
Q: I had a dfs case that is closed. Do I still have rights to wyatt he is 8 and went to live with his father
Lydia Seifner
Lydia Seifner
answered on May 28, 2018

So long as your rights were not officially terminated, then yes you would still have rights to your son. However, you must follow the contact schedule put in place by the court. It is unlikely that your rights were terminated, as you state that your child is living with his father, and the court... View More

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: my sister has passed she did not have a will but my niece was power of attorney she says but I have not seen the papers

Does she get every thing or does my brother and I get it.We are the only siblings left

Lydia Seifner
Lydia Seifner
answered on May 28, 2018

Without a will, (an assuming she was not married), your sister's children get everything.

1 Answer | Asked in Family Law for Missouri on
Q: The coustdial parnet isnt following the parenting plan

He is keeping them from me cant get ahold of him i dont know where he lives anymore

Lydia Seifner
Lydia Seifner
answered on May 25, 2018

You will need to file a motion for family access, requesting the courts to make him follow the ordered parenting plan.

1 Answer | Asked in Child Custody for Missouri on
Q: My husbands cousins son who is 14 want to come and live with us what do we need to do to get custody?

His father is a drug addict and his mother had not been in the picture since he was a baby. Right now he is living with this grandma and aunt which is not a good place. the grandma drinks a lot and the aunt has kids that use drugs. What can we do to get custody of the child?

Lydia Seifner
Lydia Seifner
answered on May 24, 2018

You will need to seek guardianship of the child. Talk to an attorney in the jurisdiction where the child is located as soon as possible.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I fight for my step son because his mom was never told that his real dad can't see him he has not seen him at all

His son is in Florida with his mom and we would love to have him living with us

Lydia Seifner
Lydia Seifner
answered on May 24, 2018

It is unclear if you step-son is living with his mother or with his grandmother. If the child is living with his mother already, then you have no rights the child. If the child is living with the paternal grandmother of unwed parents, then only the mother has rights to the child without a court... View More

1 Answer | Asked in Child Custody for Missouri on
Q: My petition I filed for full custody has several errors that I did not catch. Can this be fixed?

The paralegal made errors and the paperwork says I'm pursuing joint custody without having the address for educational purposes. I want the child to live with me. Can this be fixed?

Lydia Seifner
Lydia Seifner
answered on May 22, 2018

Yes, you will just need to file an amended petition.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: Can my son move out if I say no and he's 17? I'm in Missouri
Lydia Seifner
Lydia Seifner
answered on May 21, 2018

No, if he tries to move away without your permission, then you can call the police and have him brought home or detained in juvenile as a runaway.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: What is the runaway laws in Missouri for a 17 year old?

I am 17 years old and I don’t want to stay at home anymore. It’s not a healthy environment. I did research and I found that in some states you can’t be forced to come back home at 17 if you runaway. I’m also aware that I’m not the age of majority. I just can’t wait until 18. It’s a... View More

Lydia Seifner
Lydia Seifner
answered on May 21, 2018

Until you are 18, then you will be considered a runaway if you try to leave home; your mother can call the police and have you placed in juvenile detention. You will have to have your friend seek guardianship and quickly if you want to move out.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Probate and Landlord - Tenant for Missouri on
Q: My mom died and my son and i lived w her for 10 yrs. My dad said today I have 3 hrs to get out, can he do that
Lydia Seifner
Lydia Seifner
answered on May 16, 2018

If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.

1 Answer | Asked in Child Custody for Missouri on
Q: can I take my son on vacation with 50/50 custody?

My ex wife and I have 50/50 custody. I work out of town and have an apartment in the town I work in. My wife will not allow me to take my son out of town because she says it’s too far. The only way she lets me see him is if I drive to where they live and stay there. She says our 50/50 custody... View More

Lydia Seifner
Lydia Seifner
answered on May 14, 2018

That is ridiculous, so long as it is filed with a court your 50/50 agreement is valid everywhere, not just the county where it is registered. You can take your kid on vacation in accordance to the vacation time awarded you in your parenting plan.

1 Answer | Asked in Divorce for Missouri on
Q: I haven't seen my husband in 7yrs after he cheated on me and had a kid can I get a cheap divorce and without him signing

I got married in July 09 and went to Mexico in Dec 2010 and when I had to come back to America for my fathers funeral in October 2011 he cheated on me and got her pregnant we split up and I haven't seen him in 7 years he has been deported 3 or 4 times and last I heard he was in Mexico can I... View More

Lydia Seifner
Lydia Seifner
answered on May 11, 2018

He doesn't need to sign, but he will need to be served. It sounds like he will have to be served via publication. Serving by publication is a little tricky and you will have to pay for the publication. Talk to an attorney local to you to assist you.

1 Answer | Asked in Elder Law for Missouri on
Q: Spouse is Guardian & commits adultry in state of MO & spouse is incapacitated what can be done

My sister's husband was granted guardianship & conservatorship his name isn't on her home but he has moved his ex in my sister's home. We would like to know how to advocate for my sister who is incapacitated

Lydia Seifner
Lydia Seifner
answered on May 9, 2018

You could apply to become a substitute guardian, talk to an attorney in the county where your sister's guardianship is filed.

2 Answers | Asked in Child Custody for Missouri on
Q: My daughter is almost 18. should I wait to get a divorce until then? No custody issues that way.
Lydia Seifner
Lydia Seifner
answered on May 9, 2018

You could wait, but if she is 17, the court will take what she wants into consideration. Also, for most courts if the parties can't agree and end up going to trial, will take about a year to finish a trial anyway; so you could always start the process and if the two of you can't agree... View More

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1 Answer | Asked in Family Law for Missouri on
Q: I have full sole & physical custody of all 5 of my children, my fiance wants to get guardianship what do I need to do?

The non-custodial father isn't in my children lives! I have a no contact order against my childrens biological father in the state of Mo. I would like to give my fiance guardianship so he maybe able to deal with medical & school issues, also my children want my fiance last name, what do I... View More

Lydia Seifner
Lydia Seifner
answered on May 8, 2018

Your fiance can't get guardianship if you, the current guardian, are still functioning and caring for the children. It sounds like what you really need is a step-parent adoption. You will have to be married for six months before he is eligible to adopt your children. Once you have been... View More

2 Answers | Asked in Family Law and Child Support for Missouri on
Q: Why can't an established order for child support be modified years later later?

This year I found out that my daughter's father has been working since 2000, has investment properties, co-owned several businesses, etc. He has all of it under an assumed name or family members. He has failed to pay child support since around 2007 and it was never paid in full or up to date.... View More

Lydia Seifner
Lydia Seifner
answered on May 3, 2018

You need a modification to update his current income or motion for contempt to enforce his support obligation. Definitely talk to an attorney local to you to discuss your options.

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1 Answer | Asked in Child Custody for Missouri on
Q: Hello. What do I need to do in order to move with my daughter to another state. There are no legal documents.

I was summoned yesterday.

Lydia Seifner
Lydia Seifner
answered on May 1, 2018

There is not enough information here to answer that question. Are you married to the child's other parent or an unwed single parent? And if you are an unwed parent, are you the child's mother or father? Is the Juvenile court involved with your family? What were you summoned about?

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