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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My sister wants sign her rights to her daughter to me and my fiancee my sister has an open case with child services

How does she sign her rights away to me will we have get a lawyer

Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

The only way she could sign her rights away would be if you adopted the child, and if the child in currently in children's division's custody, you would have to become an approved placement under the juvenile court first. You could also seek guardianship of the child, which is done in... View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: What is the current missouri statute 452.455
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

There isn't one, it was repealed in 2009. That statute used to say that in order for a parent to submit a motion to modify a current order, they had to catch up any child support obligation for which they were in arrears. But, like I said, it's been repealed, so you don't have to... View More

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Can Grandparents rights or visitations be attached to a Missouri adoption?

We have legal guardianship of our grandson. A visitation schedule for his maternal grandparents was attached by the court to the guardianship. His mother is deceased and his father has signed over parental rights to us. Could the court attach visitations or grandparents rights for the maternal... View More

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

It would be unlikely. Adoptions legally sever original blood ties, and set up new ones under the law. So if you adopt your grandson, legally he speaking he becomes your son. Talk to an attorney about your adoption options.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Missouri on
Q: filed a false report out of anger

caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

You should go to court and admit that you lied; they'll dismiss it.

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex girlfriend of 12 years is all the sudden after 5 years of making me believe they are is claiming my 2 kids are not

What I should do she's claiming a mistake of fact but I now have proof she's known all along .I don't wanna lose them no matter what they live with me now

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

The best way to confirm or dispute if the kids are yours is to have a DNA test done and seek a Declaration of Paternal Rights (or Paternity Action) in court. Talk to an attorney local to you about getting your paternal rights established.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: What can i do if im charged child support before i was served the divorce papers and if im not the natural father.

I adopted my son at 5 yrs old he is 12 now. I have near to zero income and cant pay child support. What can i do to get it lowered or taken out completely.

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

It doesn't matter if you are the natural father, if you adopted the child; you are now the legal father. If you have no income to provide for child support, child support enforcement will be asking for your income to calculate your obligation amount, ask them for an appeal and submit an... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: 17 year old unmarried mother baby's father lives in georgia is he able to take the baby out of missouri

He has been in atlanta since 3 month pregnant has not provided any financial support during this time, will be home for the birth and name will be hyphenated with his. what are the rights for him at that point

Lydia Seifner
Lydia Seifner
answered on Mar 23, 2018

Until the father has his rights declared in court, even if he is on the birth certificate and the child has his name; the father does not have decision making authority over the child. He will not be able to take the child out of state.

1 Answer | Asked in Family Law for Missouri on
Q: Can my 17 year old daughter be kept in the children and family services system even after she turns 18 next week?
Lydia Seifner
Lydia Seifner
answered on Mar 20, 2018

It is possible to keep juveniles in the system until they are 21. It will depend on the plan social services has intended for her. Speak to an attorney local to you, who is experienced in juvenile matters about your situation.

1 Answer | Asked in Family Law for Missouri on
Q: I have a child that the father is not on the birth certificate and was not in his life for the first year and a half.

He is now saying that I will have to pay for 1/2 the paternity testing and give him visitation. Is this correct?

Lydia Seifner
Lydia Seifner
answered on Mar 19, 2018

No. If the two of you were not married when the child was born, then he is not entitled to visitation, even with a positive DNA test. He will have to got to court to assert his paternal rights first. Until then, you may deny visitation and you are not required to pay for have of the paternity... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: My 14 year wants to go to jail and is acting out because of this. What do we do
Lydia Seifner
Lydia Seifner
answered on Mar 19, 2018

It sounds like there is a lot of background there, that needs to be addressed. Get your kid in counseling.

1 Answer | Asked in Family Law for Missouri on
Q: do i need a lawyer to file a child support termination affidavit ? 1 child is graduating college.

the other child is 20 and does not want support

Lydia Seifner
Lydia Seifner
answered on Mar 16, 2018

You don't need a lawyer for that, just contact child support enforcement and tell them that you would like to terminate child support based on emancipation. They will send you a form to fill out and return to them. Be aware, you are still responsible for the support until the termination... View More

1 Answer | Asked in Family Law for Missouri on
Q: . How long must I wait between filing a change of venue and my answer and counter?
Lydia Seifner
Lydia Seifner
answered on Mar 15, 2018

Usually you will refrain from filing an Answer until after the venue has been changed, otherwise you are submitting to the jurisdiction the petition was originally filed. Getting a change of venue can be tricky, speak to an attorney in the jurisdiction you are attempting to change to, as soon as... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can a grandparent sue for visitation rights if we live in one county and the parent in another county?

Our son died in August 2017. We have not seen his son, our grandson, since the funeral. We don't know why. We've tried everything short of suing to fine out what's going on. She sold their home in Lee's Summit, Jackson County & moved to Camden County in Jan 2018 & we... View More

Lydia Seifner
Lydia Seifner
answered on Mar 14, 2018

Yes, you can; living in another county won't matter. However, you may want to file in Camden county if the relocation is permanent. Talk to an attorney in the county where the child lives about grandparents rights.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: I wouldn't drop child support order because my child's father does not see/do for her so he filed joint custody can he ?

Can he get joint custody? My daughter is one year's old and is terrified of him the 2 times he has come around. I told him if he'd come around and let her get use to him she'd feel more secure but he doesn't and now that I've had to file for support and won't drop it... View More

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

It is possible for him to receive joint custody, and he will receive it from the courts if you do not respond to his petition. Talk to a family attorney as soon as possible in the jurisdiction where you live or where the petition was filed.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Hello, I am 16 almost 17 and was curious do I need to get a job or what are the requirements to get emancipated.
Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

Yes, being self-supporting is a requirement for emancipation. Then you will need to file a petition with the court to be considered emancipated by the court. You can also join the military or get married to be considered emancipated.

Talk to a family attorney close to you about the...
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1 Answer | Asked in Family Law for Missouri on
Q: If me and my ex agreed in our divorce papers. That she has to pay me $2000.00. And she doesn’t pay. What can I do?

It’s in our divorce papers signed by us and the judge

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

If she doesn't comply with the divorce papers, you can seek a motion for civil contempt. The first one is usually more of a slap on the hand, but if she continues to ignore court orders, you can have an her wages garnished until she has paid off her obligation. Talk to an attorney in the... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: My 18 year-old son graduates high school this May and is going to college this fall and joining the Reserves.

Do I still have to continuing to pay child support for him? My daughter is also in college an turns 21 in April. I'm under the understanding my child support stops for her at 21. I live in Missouri

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

Your support obligation for your daughter does end when she turns 21. Your son however is a bit tricky. Typically, support obligations continue when a child is in school, until they are 21, however, when a enters the military, they are considered emancipated. If he is receiving employment from... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can I file a police report on my daughter's mom for taking items that I bought for my daughter and not giving it back?

I share custody of my daughter. Her mom has taken things before and think she can do what she wants whenever she wants.

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

A police report wouldn't necessarily work for that. A motion for contempt might work better. However, if she can prove that there is no agreement to return the items and that they are indeed being used for the benefit of your daughter, then legal remedies might be a little difficult to obtain.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Another man is suing my wife and I for custody of our son because she had an affair around when he was conceived

We took a DNA test and it came back 99.99% paternity to myself. He is still taking us to court. Do we need to hire a lawyer? The child is not his

Lydia Seifner
Lydia Seifner
answered on Mar 5, 2018

Yes, you should hire a family lawyer to get the action dismissed. If he is not the biological father, and not the legal father, then he has no rights to the child and cannot be given custody. Make sure to provide whomever you hire with a copy of the DNA test.

1 Answer | Asked in Family Law for Missouri on
Q: I turn 17 July 23rd I wanted to leave home. I live in missuri am I able to legally leave home
Lydia Seifner
Lydia Seifner
answered on Mar 2, 2018

Technically no, not without a parent or guardian's permission. Now, if you are self-supporting you can seek emancipation and move out then. Talk to an attorney local to you about your emancipation options.

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