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Questions Answered by Jessica Emery
1 Answer | Asked in Child Custody for Missouri on
Q: Can non custodial parent come and go as they please in Missouri?

I have physical custody with visitation to the father being every other weekend, holiday, and fathers day. Daughter will be 10 in September. Father has never followed schedule. He comes and goes at the last minute, usually once every other month, sometimes longer. Sometimes I cancel our plans and... Read more »

Jessica Emery
Jessica Emery answered on Jun 13, 2019

Your best option is to seek a modification of your parenting plan. Until your plan is changed, you both should be following its terms. In dealing with a sporadic parent, consider adding an "only if" clause to his time so that if he doesn't confirm by a certain time in advances he... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Q: I need to know how to change the venue or jurisdiction of my divorce with a minor from SD to MO?

Both my ex-husband and I have moved to MO. Need this changed so we can look into changing the custody arrangement and use DSS in MO to enforce child support. How do I start this process?

Jessica Emery
Jessica Emery answered on Jun 2, 2019

If you already have a divorce decree and you are looking to modify your parenting plan, you would need to register the South Dakota Judgment in Missouri and file a motion to modify. You should contact a lawyer to assist you. If you just need the child support enforcement moved, you can contact the... Read more »

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can child support cont when child joins military and there's still arrears /back owed due in Missouri?

Child graduating high school, age 19, joining military a few months after that. Probably getting married too this year. Currently receiving child support which includes arrears. I'd imagine current would discontinue, but arrears would continue? Would it stay the same amount to take down the... Read more »

Jessica Emery
Jessica Emery answered on May 31, 2019

In Missouri, child support generally ends when the child turns 18, marries, or joins the military (among other events). There are exceptions to this rule that don't seem to apply in your circumstances, but can be found in RSMo 452.340.

The FSD website has the necessary Affidavit form...
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1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: what if there was no court ordered visitation after the paternity and child support was ordered? She just stops visits

she allowed me to see him up until last November. Since then she has changed their residency several time along her contact information so i couldn't even check on my son or have any contact with him. She did finally did unblock me from fb messenger temporarily, She gave me her cell phone #... Read more »

Jessica Emery
Jessica Emery answered on May 30, 2019

It sounds like Paternity and Support were established through an FSD proceeding, but no parenting plan was put in place. If that is the case, even though paternity was established, you will have difficulty asserting any custody rights (legal custody or physical custody) without a custody judgment... Read more »

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