Holden, MO asked in Child Custody for Missouri

Q: Can someone file for Guardianship in a different county than where the original custody order was ordered in MO?

My child's father was granted full custody 10 years ago. He has since given her to a third party to raise. I filed a motion to modify for custody and the third party turned around and filed a guardianship case in a totally different county. So there is a pending motion to modify in the original county who granted the custody and now there is a pending guardianship case in a county 2 hours away from the original court who ordered custody. Is this legal for them to do?

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1 Lawyer Answer

Kristen Thurmond

  • Kansas City, MO
  • Licensed in Missouri

A: Yes, someone can file a new case in the county where all the individuals, including the children, reside. It does not necessarily mean they will prevail, though. The issue of can the county take up a guardianship case when there's a pending motion to modify is an issue for the court to determine. However, you will want to make sure you consult with an attorney to make the best procedural arguments possible.

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