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Missouri Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: My younger sister is soon to be 17 and wants to live with me. She lives in MO, I am in AR

Her home environment has been very unstable for well over a year. One night I took her to the police station so we could file a report. They made me bring her back to her mom, and nothing ever came from it. She has stated more than once that she wants to come live with me. I need to know that since... View More

0 Answers | Asked in Adoption, Family Law and Personal Injury for Missouri on
Q: I'm 15 and my father is a very unfit parent. I'd like to get emancipated but i don't know where to start, I have a job

And I could support myself with my income but since I'm not 18 I can't sign any legal documents to get a place of my own, until then would staying with another family member be an option.

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: Is there a way to amend an order of protection.

I'm currently in court for an ongoing battle to get my kids back from dfs. My mother in-law has my children and has gotten an order of protection signed more than six months ago. I've asked my public defender to file for an amendment or appeal to at least allow supervised visitation with... View More

0 Answers | Asked in Family Law and Probate for Missouri on
Q: In representing myself for a termination of guardianship in Missouri, how would I get an emergency hearing?

Would also like to know rules of evidence for this type of case, specifically allegations of abuse.

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: How to legally adopt a stepchild in the state of Missouri??

I got pregnant at 16 with my oldest son. His bio father was high on drugs and refused to be in his life and isn’t on the birth certificate. He’s been an in and out father until he was 22 months. He will be 8 in September and his sperm donor is trying to come back in his life but barely. My sons... View More

Kelisen  Binder
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Kelisen Binder
answered on May 2, 2024

You will need to contact an attorney that handles step-parent adoptions. You will have to file a petition in the county where you live, a guardian ad litem may be appointed and a home study may be necessary in order for the Court to grant your petition for step-parent adoption. You and your... View More

0 Answers | Asked in Family Law and Adoption for Missouri on
Q: Should I ask for a new Gaurdian ad litem if I have been trying to contact them for several days with no reply?

On April 23rd we were appointed a GAL for my son in a step parent adoption case. I’ve called every weekday since trying to get in touch as we have a hearing on may 3rd, with no reply. I’ve left my name, brief message, and phone number.

0 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Missouri on
Q: How to make factual findings change since the was false in the beginning from the juvenile and CPS?

The mother was the one arrested and charged. My child is being kept from me her father bc it was entered that I was testing pos for drugs and I wasn’t. I have nothing to do with the mother but I’m being treated worse than she is. I have not failed the test and I now have the lab results but on... View More

0 Answers | Asked in Family Law for Missouri on
Q: How can missouri DMH use charges that were dropped to say its a safe risk to the public if they go home to live

I'm the guardian of my adult son he was found incompetent before he had a preliminary DMH says he's ready to be discharged I submitted in writing that I want to bring him home and take care of him.and DMH wants him. To live mental health facility he's been diagnosed with mild... View More

1 Answer | Asked in Family Law for Missouri on
Q: if I am 17 and have no permission to move out and leave home. When the cops pick me up will i have to go home

My mom is mentally abusive and has told me if i leave she will call the cops and they will pick me up and put me in juvee My mom has made sure it is impossible for me to get emancipated.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry you're dealing with an abusive situation at home. That must be very difficult. Since you are under 18, legally you are still considered a minor and your parents have custody over you. If you leave home without permission, your mother could report you as a runaway and the police... View More

1 Answer | Asked in Family Law, Child Support, Small Claims and Child Custody for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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1 Answer | Asked in Family Law for Missouri on
Q: Can a CPS caseworker remove a child from a home without a court order and does a police officer accompany them?
James L. Arrasmith
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answered on Mar 25, 2024

If you are dealing with a situation involving Child Protective Services (CPS), it's important to understand your rights and how the system works. Generally, CPS caseworkers can remove children from their homes if they believe the children are in imminent danger of serious harm. However, this... View More

1 Answer | Asked in Family Law and Probate for Missouri on
Q: Does emergency guardianship override parental custody rights?

I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how... View More

Lloyd  Nolan
Lloyd Nolan
answered on Mar 23, 2024

No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.

1 Answer | Asked in Family Law for Missouri on
Q: Can DFS still have an open case against me 10 yrs after my daughter turned 18 and is now 25

She aged out of foster care at 18 and is now 25 no longer in the care of the state but still has it opened as unresolved and it's been 10 yrs.

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information provided, it seems highly unlikely that the Department of Family Services (DFS) would still have an open case against you 10 years after your daughter turned 18 and aged out of foster care. Here are a few key points to consider:

1. Age of majority: In most states,...
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1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: A family member gaslighting me for 7 yrs now. What can I do to stop this?

This person has attacked me by every means possible. Through dfs to aging to Falsified police reports. There are 23 reports to police from me on the attacks. It has gone to pushing door open on me and assaulting me and disabled member. Two evictions in three months. Yet police do nothing. What do I... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation with your family member. Being subjected to gaslighting, false allegations, and physical assaults over such a prolonged period must be absolutely traumatic and exhausting. You're wise to recognize... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Missouri on
Q: Can I change my mind after mediation if nothing was signed?

My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers

Fast forward two months she sent him... View More

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My visitation with my children is not being honored. My complaint to the police went nowhere.

What can I do about her demands for money? She is letting me see them this weekend for the first time in two months but only if I send her 200$ cash. I think that’s horrible and my twin daughters are calling me everyday asking why I can’t pay mom more money so that they can come see me. How can... View More

Steve D. Hardin
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Steve D. Hardin
answered on Mar 6, 2024

You will have to take her back to court. The legal system is not self actuating and you have to bring a petition for family access and motion to modify to would likely be in order too. You need to speak to a family attorney.

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO APPEAR IN COURT FOR AN ORDER OF PROTECTION IN CASS COUNTY COURT ?

my legal husband received an order of protection from a relative of mine but is not sure how to make it to Cass County as he resides in Wyandotte County. The court date is March 6, 2024

James L. Arrasmith
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answered on Feb 26, 2024

If your legal husband has received an order of protection from a relative of yours in Cass County Court, it's essential to carefully review the documents provided to determine whether his appearance in court is required. Typically, orders of protection involve court hearings where both parties... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

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