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Missouri Family Law Questions & Answers
0 Answers | Asked in Family Law for Missouri on
Q: Hello my name is Adrian Romero. I reaching out because I need help filing a petition of foreign judgment in family court

my case started in California in 2017 I was granted joint custody, However my Ex-wife is not letting me see my son. We both live in Independence,Mo

1 Answer | Asked in Family Law and Military Law for Missouri on
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child

Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ??

James L. Arrasmith
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answered on Dec 7, 2023

In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support.

However, the specific...
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0 Answers | Asked in Family Law and Child Custody for Missouri on
Q: If I’m 16 can I run away from my moms house and go to my dads can she make me go back I live in Missouri

There are 4 kids in the house 2 of us share a room one lives in one by herself and the other one sleeps in the living room and there isn’t enough rooms for everybody and at my dads house there is a room for me just me

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I own a property with someone else neither him or I live in the home at the moment. Can i move in w/o legal consequence?

We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More

James L. Arrasmith
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answered on Dec 1, 2023

In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More

1 Answer | Asked in Family Law, Adoption and Civil Rights for Missouri on
Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa

Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.

James L. Arrasmith
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answered on Nov 24, 2023

In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.

Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of...
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0 Answers | Asked in Child Custody and Family Law for Missouri on
Q: How to get emergency custody of my child after his mother was recently arrested and her other children placed in care?

My son's mother and I share joint custody of my son. His primary placement is in Missouri, while I live in Indiana. I recently picked him up for a visit and a few hours later I was informed that his mother had been arrested for "Unlawful Use Of Weapon - Subsection 4 - Exhibiting"... View More

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Missouri on
Q: I was wondering is there not a cap on how much lawyers can charge for lawyer fee's on class action lawsuits?

My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.

1 Answer | Asked in Civil Rights, Landlord - Tenant, Municipal Law and Family Law for Missouri on
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?

The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More

James L. Arrasmith
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answered on Nov 12, 2023

In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More

0 Answers | Asked in Family Law for Missouri on
Q: Can a process server enter your home without permission?

This past Sunday I was in my bedroom at 8:30 at night when I heard a noise in my kitchen and when I went to see what it was ther was a man standing there and he handed me a envelope of papers. My daughters father and I are trying to work out when each of us will have her.

0 Answers | Asked in Family Law and Civil Rights for Missouri on
Q: Can I move out at 17 if my parents treat me bad since I was I was 6 they treat my siblings like there the best thing

My parents have treated me badly since I was a baby and they have allways treated my siblings better my mom is very toxic and manipulative

1 Answer | Asked in Family Law and Probate for Missouri on
Q: Does law 475.120, RSMo (2000) apply to behavioral health unit of nursing home?

Wanting to know if law 475.120, (2000) applies to this separate unit of a nursing home where I am.

T. Augustus Claus
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answered on Oct 13, 2023

No, Missouri law 475.120, RSMo (2000) does not apply to a behavioral health unit of a nursing home. The law specifically states that it applies to "all nursing homes in Missouri." A behavioral health unit of a nursing home is not a separate nursing home. It is a part of a nursing home... View More

1 Answer | Asked in Family Law and Adoption for Missouri on
Q: Does a lawyer have to tell the potential client why he won't take the case and what the conflict of interest is
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

No, and in some instances, they may be legally prohibited from doing so.

1 Answer | Asked in Family Law for Missouri on
Q: can a 17 year old girl move out without emacapation in missouri or will she be considered a runaway
T. Augustus Claus
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answered on Sep 26, 2023

In Missouri, the age of majority is 18. If a 17-year-old leaves home without parental consent or a legal emancipation, she may be considered a runaway and her parents could potentially file a missing persons report. Law enforcement could then be authorized to return her to her home.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Do you legally have to do what a notarized agreement says? Or is it just a piece of paper?

The other parent does not want to abide by the agreement. The agreement has not went through court.

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.

You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with...
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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son goes to his dads house a few times a week overnight and my son says he doesn’t have a bed and sleeps on the floor

His dad also doesn’t do much for him when he is there. He makes other people take care of him like bathing him and feeding him.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

This may be useful evidence in a suit to modify the terms of your possession order. But be aware that what children say to their parent often ends up not being accurate for many different reasons and questioning children after they have spent time with their other parent can be viewed as a type of... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can my custodial guardian allow me to move out at 17 without my other parents consent or knowledge?

I moved out of my dads house due to him mistreating me and my mother is for me moving out.

T. Augustus Claus
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answered on Sep 6, 2023

In Missouri, the legal age of majority is 18, which means that individuals are generally considered adults at this age. However, Missouri law does allow for certain emancipation scenarios, which could potentially allow a minor to live independently before turning 18.

Emancipation usually...
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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Do I have to answer my daughters fathers request for information
Steve D. Hardin
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Steve D. Hardin
answered on Aug 16, 2023

There is not nearly enough information to answer your question. It depends on the facts of your case and if there are previous orders. You should consult with an attorney.

2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2023

I agree with Mr. Pennell about the dangers of co-signing.

For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd...
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