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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Missouri on
Q: I am not financially capable to support my child he lives with his dad and new wife. Can I terminate my rights.

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.

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If I move 15 miles away, in Missouri, do I have to disclose my address to my 17yo daughter’s father?

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

Lydia Seifner
Lydia Seifner
answered on Mar 2, 2018

Yes, while your child is underage, your ex needs to know your address so he can contact the child.

1 Answer | Asked in Child Support, Divorce, Family Law and Tax Law for Missouri on
Q: If the receiving parent refuses to work (legally) & doesn't file taxes, what can the paying parent do ?

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

Janet Sanders
Janet Sanders
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

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: Non custodial parent stopped paying child support for past 2 months. Owes back pay also, can they have rights terminate

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

Lydia Seifner
Lydia Seifner
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...
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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can my daughter’s dad terminate child support for only one semester of bad grades in college?

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

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

Absent special circumstances, the answers to your questions are Yes and No. Please see 452.340 RSMo 2016.

2 Answers | Asked in Family Law and Car Accidents for Missouri on
Q: Mother in law changed my husband's part of his father's wrongful death settlement from 1/3rd to 5%.

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

Lydia Seifner
Lydia Seifner
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.

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1 Answer | Asked in Family Law, Adoption and Military Law for Missouri on
Q: My girlfriend is currently looking to get custody of her sister from her abusive mother, I'm doing research for her.

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

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Family Law for Missouri on
Q: My husband left our family after 26 years. We own nothing but debt can he bring cops to retrieve what he says is his?

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?

Lydia Seifner
Lydia Seifner
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

1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: To get me to sign their proposal at court, my ex's lawyer verbally assaulted my counsel & threatened me into signing.

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

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I live in Oklahoma my daughter and baby mama are in Missouri she won't let me see her. Do I have rights to see her?

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

Lydia Seifner
Lydia Seifner
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

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I don't have an attorney yet, how can I keep my husband from taking the kids from me immediately.
Lydia Seifner
Lydia Seifner
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

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: If I'm 15 and I move with my dad, but my mom has residential custody, can juvie take me away if she has called them?

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.

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: I was deceived into signing over the rights of my child by the father, how can I gain the rights back?
Lydia Seifner
Lydia Seifner
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

1 Answer | Asked in Family Law and Personal Injury for Missouri on
Q: I live in MO., ex is in IL. I believe I have a strong case for intent. inflict. of emotional distress. Constant!

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.

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: How likely am I to get Joint Physical Custody with the father only having weekends?

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

Lydia Seifner
Lydia Seifner
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

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I am representing myself in a custody issue. Should I propose my offer to my ex's attorney before the hearing date?

Also, at what point does the state assign a GAL?

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: legal guardianship an support for minor child.

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

Lydia Seifner
Lydia Seifner
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

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: How do they determine child support if the non custodial parent is unemployed due to circumstances beyond their control?

This is in Lincoln County. Troy Missouri. Not divorced yet, upcoming court date for dissolution of marriage

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: What can I do? I'm 15 and pregnant

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?

Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Family Law for Missouri on
Q: Can my husband be ordered to pay for a lawyer for me for our contested Divorce / Custody case.

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

Lydia Seifner
Lydia Seifner
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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