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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law for Missouri on
Q: IS IT LEGAL FOR ME TO MOVE MY CHILDREN TO ANOTHER STATE , WITH WHAT I THINK IS GOOD CAUSE.

MY WIFE AND I HAVE BEEN LIVING TOGETHER FOR MONTHS SEPERATED BUT NOT LEGALLY SEPERATED. SHE HAS BEEN IN TROUBLE WITH THE LAW. HAS BEEN ARRESTED 2 TIME IN THE PAST FOR MONTHS. THE CHARGES PENDING AGAINST HER ARE DWI, FIRST DEGREE BURGLARY AND ASSAULT IN THIRD DEGREE. HER COURT DATE IS JULY 11... View More

Lydia Seifner
Lydia Seifner
answered on Jun 22, 2018

If you have no court order for custody, you each have equal rights to the children. So you may move with them, but she may also come and reclaim them. Talk to an attorney local to you about getting a legal separation with temporary custody.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I have been trying to find an attorney to help with my situation. I am seeking emergency custody of my granddaughter.

My daughter has no place to live, she's been homeless for awhile. She has dcf cases in 4 different states. She has anger issues, mental health issues, and a drug problem. She was incarcerated on June 10th for assault and possession of maijuana and the baby came into my care. My daughter has... View More

Lydia Seifner
Lydia Seifner
answered on Jun 22, 2018

You will need to seek guardianship over the child. Some counties will have forms for child guardianship on their websites, but it is best to talk to an attorney local to you to assist you,

1 Answer | Asked in Family Law for Missouri on
Q: If a 17 year old moves out against parents wishes, what can she legally take with her?

My daughter turns 17 in two days and is planning on moving out without our consent. She is already packed and just waiting for her birthday. She has stuff packed that I don’t want her to take (not hers). What does she have legal right to take? Or, what do we legally have to allow her to take.... View More

Lydia Seifner
Lydia Seifner
answered on Jun 21, 2018

Until she is 18, she does not have a legal right to leave against your wishes. That being said, even if she were 18, she would only have a legal claim to her clothing and toiletries, items she purchased, or items that were given to her as a gift. She would not be able to take furniture or bedding... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Husband pays child support for daughter but does not have a custody agreement & mom wont let us see her. What can we do?

We live in Indiana. His daughter lives in Missouri with her mom. He pays court ordered child support but they never had a custody agreement put in place. She won't let us see his daughter. Is going back to court the only option we have?

Kristen Thurmond
Kristen Thurmond
answered on Jun 18, 2018

If father wants parenting time, he needs a court order that establishes a parenting plan in Missouri. Only the father can petition for it. Mother is not obligated to send a child to another state if nothing has been ordered. It is not clear who you are referring to as "we" in your... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: my gf of 12 years just came to my house after agreeing to let me have my son for the summer and took him.

how do i go about getting visitation with my son

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

If you don't currently have a court order for custody and visitation, then she can deny you time when ever she wants. You should talk to an attorney local to you as soon as possible about seeking a Paternity action or a Declaration of Paternal Rights, so your time with your son is enforceable... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: What are my options?

I have 50/50 custody of my 7 year old son with my ex wife. We exchange our son every Sunday. I am ordered by the court to pay child support. For the past 6-8 weeks she has been in the hospital. She did not notify me of this, but because we live in a small town, I find things out. One week was even... View More

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My daughter wants time with her dad, but not spend a lot of extra time with only his girlfriend. Daughter is 8

My ex’s girlfriend is stepping into our custody arrangements. She asked my daughter if she’s want to stay for a week while she’s off work. They didn’t tell my daughter her dad still has to work. My daughter thought she’d have a week with her dad. She’ll only see her dad briefly during... View More

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

Your daughter cannot make the decision to not go; however if the week was an extra visitation and not part of the custody agreement, then you can deny the time on her behalf.

1 Answer | Asked in Family Law for Missouri on
Q: I'm going through the process of getting my name changed. Is it possible to get the case sealed? If so, how?

How do i ask the judge for a higher level of security? The circuit clerk recommended writing a letter? Or is there a form I could fill out? How likely will the judge rule on sealing the case?

Lydia Seifner
Lydia Seifner
answered on Jun 6, 2018

You have to ask the judge for a higher level of security, and you will need a very good reason for it.

1 Answer | Asked in Family Law for Missouri on
Q: Does the Division of Family Service and the court have to acknowledge a POA?

My brother is incarcerated and signed POA to me. The Division shut me out of the last FST meeting and said I am not party to the case. I have set in on every support team meeting with my brother until he had to do his plea. They have broke every rule in the book in his case. It is criminal!

Lydia Seifner
Lydia Seifner
answered on Jun 4, 2018

No, they don't have to acknowledge it. Power of Attorney is a private decision someone makes to allow another person short-term decision making authority over their legal affairs. In order for a parent to grant a third party temporary custody over a child, they need to appoint a guardian... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Just need to know more about paternity and my legal rights as father. And about signing a birth certificate

Baby hasn't been born yet.

Lydia Seifner
Lydia Seifner
answered on Jun 1, 2018

Signing the birth certificate will not assign you legal rights over the baby. In order to assert you legal rights, you will need to seek a paternity action, or a Petition for the Declaration of Paternity. Talk to a family attorney local to you about your circumstances.

1 Answer | Asked in Family Law for Missouri on
Q: I had a dfs case that is closed. Do I still have rights to wyatt he is 8 and went to live with his father
Lydia Seifner
Lydia Seifner
answered on May 28, 2018

So long as your rights were not officially terminated, then yes you would still have rights to your son. However, you must follow the contact schedule put in place by the court. It is unlikely that your rights were terminated, as you state that your child is living with his father, and the court... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Motion for my attorney retainer fee to be paid by my husband hearing

My husband filed for divorce secretly without notice. He makes over 9k per month and his mother still paid for his attorneys. I have recently filed a motion to order my husband to pay the attorney retainer fee for me to get an attorney. The judge granted it and gave me 6 dates and said I need to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

If the opposing counsel won't communicate with you, you could send a draft notice of hearing and state that you will file it if you don't hear back within X days.

1 Answer | Asked in Family Law for Missouri on
Q: How do i file a motion to modify the parenting plan he broke all the rules in the parenting plan

How do i get ahold

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 30, 2018

You didn't finish your question. You file a motion by drafting and filing it. Better yet, if you can afford to hire an attorney, hire an attorney to do it right. If you were asking where to find a form, Missouri state court websites generally have forms. I'm not sure if there is a... View More

1 Answer | Asked in Family Law for Missouri on
Q: The coustdial parnet isnt following the parenting plan

He is keeping them from me cant get ahold of him i dont know where he lives anymore

Lydia Seifner
Lydia Seifner
answered on May 25, 2018

You will need to file a motion for family access, requesting the courts to make him follow the ordered parenting plan.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I fight for my step son because his mom was never told that his real dad can't see him he has not seen him at all

His son is in Florida with his mom and we would love to have him living with us

Lydia Seifner
Lydia Seifner
answered on May 24, 2018

It is unclear if you step-son is living with his mother or with his grandmother. If the child is living with his mother already, then you have no rights the child. If the child is living with the paternal grandmother of unwed parents, then only the mother has rights to the child without a court... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: how can i bet a ex parte cases
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

That's too general a question to answer. You prevail in court by convincing the judge you are right. If you hire an attorney you will increase your chance of success.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: Can my son move out if I say no and he's 17? I'm in Missouri
Lydia Seifner
Lydia Seifner
answered on May 21, 2018

No, if he tries to move away without your permission, then you can call the police and have him brought home or detained in juvenile as a runaway.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: What is the runaway laws in Missouri for a 17 year old?

I am 17 years old and I don’t want to stay at home anymore. It’s not a healthy environment. I did research and I found that in some states you can’t be forced to come back home at 17 if you runaway. I’m also aware that I’m not the age of majority. I just can’t wait until 18. It’s a... View More

Lydia Seifner
Lydia Seifner
answered on May 21, 2018

Until you are 18, then you will be considered a runaway if you try to leave home; your mother can call the police and have you placed in juvenile detention. You will have to have your friend seek guardianship and quickly if you want to move out.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: What does it mean for a child to primarily reside in each parents custody?

Form 14 2c:1 . I was given credit for my youngest child staying with me primarily. His mom and I are together and we have been so for 7 years. Each year I claim him on my taxes. However, during a dispute with my oldest child’s mother; it was mention that I shouldn’t have gotten that credit. How... View More

Jennifer L. Rench
Jennifer L. Rench
answered on May 10, 2018

This is not as easy of a question to answer as it sounds. The Form 14 is one page, however there a is a 40-page document that accompanies this form titled "DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14". There are also relevant cases in Missouri that specifically... View More

1 Answer | Asked in Family Law for Missouri on
Q: I have full sole & physical custody of all 5 of my children, my fiance wants to get guardianship what do I need to do?

The non-custodial father isn't in my children lives! I have a no contact order against my childrens biological father in the state of Mo. I would like to give my fiance guardianship so he maybe able to deal with medical & school issues, also my children want my fiance last name, what do I... View More

Lydia Seifner
Lydia Seifner
answered on May 8, 2018

Your fiance can't get guardianship if you, the current guardian, are still functioning and caring for the children. It sounds like what you really need is a step-parent adoption. You will have to be married for six months before he is eligible to adopt your children. Once you have been... View More

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