Get free answers to your Family Law legal questions from lawyers in your area.
My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate... View More 
answered on Jun 25, 2019
The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you... View More
I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?
answered on Jun 25, 2019
Talk to an attorney local to you to assist you in a Modification right away.
Father was still married to someone else when my mom gave birth, his name is on birth certificate, but they were never married & have split up, does he have any rights?
answered on Jun 25, 2019
Unless the parents are married when the child is born, or they have had custodial rights assigned through the court, an unwed father has no rights to his children. Talk to an attorney local to you as soon as possible about seeking a paternity action to establish your legal rights regarding your... View More
Unmarried couple she filed for paternity the state went after her ex-husband so she put on the birth certificate so I filed for father paternity and they picked up her case and gave me a summons we have a hearing and a couple of days to establish paternity which I don't know why because we... View More
answered on Jun 5, 2019
The mother does not get a free attorney. No one is automatically given an attorney in family court. It is most likely that she applied to and qualified for a Legal Services appointment.
Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... View More
answered on May 24, 2019
I would encourage you to contact social services about whomever this is and hotline the situation.
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 #... View More
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... View More
My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... View More
answered on May 21, 2019
You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.
He has live with his grandma most his life. Me and his mom had drug issues of or owe but I haven't used over 8 years don't want him to have to go trough the thing I did
answered on May 20, 2019
If you do not have legal custody then you will not be able to put your son in rehabilitation. You could file a motion to modify custody and seek legal custody. Or you could ask the Children's Division to step in and do an investigation. However, there could be consequences once the juvenile... View More
have him be seen by a psychiatrist. What are my rights and steps to pursue this. I just want him to be safe and followed appropriately as these meds are controlled substances. Thank you
answered on May 20, 2019
If you have joint legal custody then you would already have the legal authority to schedule an appointment for your son. If you do not have this authority, then you would need to file a motion to modify to request the court review the situation. Perhaps you could simply ask the Mother to go to... View More
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... View More
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... View More
I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?
answered on May 3, 2019
Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.
She has brain washed my daughter with her lies and starting to with my son!
answered on May 2, 2019
That depends a bit on if grandma is your mother or your wife's. If she is your mother, you are entitle to restrict your family's contact with your children as much as you wish. If grandma is your wife's mother, then short of an agreement by your wife, you will likely need to... View More
Im about to move in 19 days with my friends family, we would living in mexico for about a 6 month period before going to texas to live there indefinitely. Im 18 but my parents or more of my mother, i dont the right name for it but, Basically doesnt let me choose my own life choses and i had told... View More
answered on Apr 30, 2019
You are 18, she cannot decide where you will live. There are no legal issues, you may move if you choose.
I had two ex friends get a restraining order against me in May 2018 but, got dismissed in July 2018. Now, I come to find out from mutual friends that since August 2018 to now that they have been telling lies and rumors about me that are not true to other mutual friends and keeping others from... View More
answered on Apr 27, 2019
I'm not sure what you mean by a "cease and decist order." Unless you are a judge, you cannot issue a court order. Perhaps you meant to ask whether you should send a "letter" first. If so, that's usually a good idea.
Defamation cases in Missouri are generally... View More
Currently a runaway.
answered on Apr 22, 2019
You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.
If you cannot support... View More
And if I later decide that's not what I want what can I do
answered on Apr 16, 2019
To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.
My fiancé’s kids’ father moved to California 10 months ago (We live in Missouri) and has not spoken to them in 6 months. Is this considered a form of abondoment? If so, what steps can we take to terminate parental rights in order for me to adopt them? He “pays” child support (about $700)... View More
answered on Apr 3, 2019
You and the children's mother will need to be married for six months before you can seek adoption. After that, talk to an adoption attorney local to you to assist you.
We have no paperwork nor court order for established paternity.
answered on Mar 23, 2019
That answer depends on whether you are the mother or the father. When a child is born outside of marriage, the only parent who has legal rights to the child is the mother. The law does that because we always know who the biological mother is, she is the person who gave birth to the child. The... View More
My husband has paid his ex wife for years. We have children together as well. Now his ex girlfriend wants to file and was told that should would get twice what the ex wife receives. Is that possible?
answered on Mar 21, 2019
The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your... View More
Both parents agreed on amount to be paid for CS, judge approved. If one or both parents have an increase in income later on does/can that change the CS amount? Or would what was originally agreed upon remain the same regardless?
answered on Mar 21, 2019
The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
