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And her apodt him. They both are capable financially to support him. But yet they want to send me to jail for past due child support. If she adopts can all that be wiped out since I'm terminate my rights? I have failed to support of establish a significant relationship with my child.
answered on Mar 2, 2018
If your child's stepmother adopted him, it would terminate your obligation to pay child support. However, you cannot petition the court to make her adopt your son, the decision and petition would have to come from her. You cannot voluntarily terminate your rights if she decides not to adopt.
I’m getting ready to move out of the marital home with my 17yo daughter who I have primary physical custody of, and joint legal custody. We will be moving to a place within 20 miles. My daughter’s father said I must disclose to him my new address because of our child. Can I refuse to tell him... View More
answered on Mar 2, 2018
Yes, while your child is underage, your ex needs to know your address so he can contact the child.
My husband makes good money, but his ex wife refuses to hold down a real job. She hasn't filed her taxes either, claiming "She doesn't work". This of course throws the income levels off balance and she is fighting for more child support. One child has aged out and it is time to... View More
answered on Apr 25, 2018
Father may introduce proof the Mother is employed. He may also request the Court impute an income to her based upon her earning capacity. This is not the amount she earns; it is the amount she could earn if she did work. This determination takes into consideration her education, licenses,... View More
Non custodial parent has lived out of state now, for past year and half and Barely sees child. When he does it becomes a toxic environment for both custodial parent and child. Parents were never married and do not have any other court orders besides child support. The non custodial will not let... View More
answered on Mar 1, 2018
If you were unmarried when the child was born, and have never had the father's rights declared in court with an enforceable visitation schedule, then he does not currently have rights to the child. You may deny visitation.
Be aware that at any time, he may seek a paternity action to... View More
My daughter is in her second semester of college. She only passed one class first semester but is now passing all classes this semester. Her father is seeking to terminate child support. If he can terminate after only one semester then can I take him back to court after this semester if she passes... View More
answered on Apr 25, 2018
Absent special circumstances, the answers to your questions are Yes and No. Please see 452.340 RSMo 2016.
My father in law was killed by a school bus. My mother in law is suing them on behalf of the family (my husband's grandmother, my husband, and herself) and has told my husband since the beginning that his part of the settlement will be 1/3rd. Recently, she found out that the settlement will be... View More
answered on Mar 1, 2018
This is more of an estate planning and tort issue. But my understanding is that unless your husband was named as a party in the suit, he is not a beneficiary of the settlement.
Currently my girlfriend is away at basic training for the army reserves. Once she gets back she is lookking to get custody of her sister from her abusive mother. I'm looking for where I need to start looking to do the research required so that when she returns she can start this process.... View More
answered on Feb 27, 2018
Your girlfriend will want to talk to an attorney local to her and her sister about seeking a child guardianship.
We live in a house my mom owns, he doesn’t work, lives in a trailer with no running water or electricity and got mad when our 15 year old son didn’t want to go with him. He threatened to have the police come with him to take everything he says is his. Can he do that?
answered on Feb 26, 2018
He has equal rights to your son, but without a court order declaring custody, he can't force your son to go with him. And considering that he does not currently have a proper living space to provide your son, a court is unlikely to grant him residential custody. He is entitled to his... View More
The Guardian Ad Litem & bailiff both witnessed everything & the Guardian Ad Litem stated to me & my attorney immediately afterward he had "never seen that attorney act anything like that before".
My question is how do I file a motion with the court to bring this to the... View More
answered on Feb 26, 2018
If you want to the court to declare the agreement invalid, you can file a Motion to Set the Judgment Aside, and state that you signed under duress. Talk to your attorney about setting aside the agreement.
She is living with her mom or at a friend's house or a ex's house couch hoping in Missouri with my daughter I have a job house car she dont work or have a car. I have our daughter birth certificate and social card. I've contacted her millions of time asking see our daughter she... View More
answered on Feb 26, 2018
Since the two of you were unmarried when the child was born, you do not have rights to see your daughter without a court order. Speak to an attorney in the area where the mother and child live as soon as possible about seeking an action to declare paternal rights and establish a father-child... View More
answered on Feb 26, 2018
You can petition the court to award you temporary custody. But until the court issues some sort of custody order, you both have an equal right to the children. Talk to an attorney local to you as soon as you can; and until you have an attorney who can go for you, make sure you attend every court... View More
The mom is an unfit mother, and I wan to stay home alone for one week, so my dad can work. I have food and the proper amount of needs to stay.
answered on Feb 26, 2018
If the court has given residential custody to your mother, then you must abide by the parenting plan should she decide to enforce it. Talk to your dad and an attorney local to you about your dad seeking a Motion to Modify to have residential custody switched to your father.
answered on Feb 26, 2018
You can't actually sign your rights away unless there is someone else to take your place, like an adoption by a step-mother. Likely he received sole custody granting you very limited visitation. You can seek a motion to modify to re-establish contact, if the circumstances since the original... View More
6 Years of constant emotional, financial, court orders broken, plays games with insurance, I feel like I am in prison. Where would I file in MO. or IL. (IL. has juris on divorce.) Intimation. Evasive and controlling still. It has to stop. Thank you.
answered on Feb 22, 2018
If Illinois has jurisdiction on the divorce, then I would file in Illinois. Speak to an attorney in the county where your divorce was filed.
My daughters father and I share custody based off an oral agreement. I want to take him to court to get Joint Physical Custody with him only having her on weekends. I have evidence that supports why he is not responsible enough to have her during school days this includes statements from her... View More
answered on Feb 21, 2018
No one can tell you how "likely" a particular outcome may be. If the action went to trial, the judge's decision would depend on on a host of factors, including: what the standard is in your jurisdiction, work schedules, how cooperative the two of you are in raising her, and how the... View More
Also, at what point does the state assign a GAL?
answered on Feb 20, 2018
Yes, propose you offer early, if it is reasonable, you may be able to work out a deal before trial and save yourselves some trouble. The state assigns a GAL if there is abuse or neglect apparent in the case, or if one party asks for a GAL and has a good reason for it.
6 year old child living with a family the mother of the child has a boyfriend in the family! The mother basically abandoned the child an has been on the streets doing herion for the past 2 years ! She is now incarcerated an the head of the family watching him has died an has a huge trust!! Nothing... View More
answered on Feb 19, 2018
No, the trust cannot be challenged. Though the family head seemed to be doing mother a favor by caring for the child in the first place, it does not sound as though this family is actually responsible for the child. While in state custody, it is the states responsibility to care for the child;... View More
This is in Lincoln County. Troy Missouri. Not divorced yet, upcoming court date for dissolution of marriage
answered on Feb 18, 2018
Child support is determined by how much each party either makes or can make. So if one party is unemployed, the court considers the reasons around unemployment, such as if the party is disabled or quit their job.
I'm 15, almost 16 and I'm pregnant. What legal rights do I have over my child? Can I move somewhere else if I have a probable cause why?
answered on Feb 18, 2018
You have every and all legal rights over your child. You may move without consulting the father, however, you are also still subject to the authority of your own parents as you are underage. Talk to your parents or legal guardian about your desire and need to move.
Husband left us Nov 28th and hired a lawyer the next day to file for divorce. Our son and I still reside in the home which he is still making the mortgage and utility payments on. However that very same day he closed the bank and chaged all the passwords to anything financial. Of course... View More
answered on Feb 16, 2018
The judge can order your ex to reimburse you for your attorney bills, but that is usually at the end of an action and it not guaranteed. You may want to ask for temporary maintenance at your next court appearance so that you can afford an attorney to assist you.
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