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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I be held in contempt of court if the children refuse their Dad's visitation, even if I take them as ordered?

The children are 15 and and 12 and their Dad has rejected his parenting time in the past due to "work conflicts," because the kids were sick, or he doesn't want them to have their phones at his house. There is a GAL, co-parenting counseling, and active CPS report (kids' have... View More

Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

As long as you, yourself, are following the order, you cannot be held in contempt. If Dad decides to refuse visitation, that's his fault. Document every scheduled visitation, and whether or not it took place. If the kids are the one's refusing to visit their dad due to his prior... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I am not on my daughter's b.c her mom's in prison her grandparents have her what can I do to get custody.

I haven't signed any thing she has my last name and we have a great relationship the grandparents have raised her mostly because her mom's in and out with drugs and the grandparents r doing drugs. I m recovering but am married and now doing well my daughter loves me but they don't... View More

Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

You need to talk to a family attorney local to you about seeking a paternity action for sole custody. Make sure to check that the grandparents do not have guardianship over the child, if so you will have to file for it to be terminated as well.

1 Answer | Asked in Child Support, Family Law and Tax Law for Missouri on
Q: I pay child support monthly no back arrearage, and I have no parental rights can I write it off as a charitable donatin

I have paid Child Support for about 4 years now. I have no access to my child as i was backed in to a corner to give up rights. I still pay Child Support! can I start writing the donations off as a tax deduction or what can I do about that its starting to feel like I am giving a charitable... View More

Lydia Seifner
Lydia Seifner
answered on Feb 12, 2018

You cannot right it off as a charitable donation, because it is a court ordered obligation, not something you elect to pay. However, you can include it into your taxes as part of your expenses. It is not possible to actually give up rights to your child without someone else taking your place;... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I just returned from a 6mo military deployment. Is there any Missouri law that allows extra visitation post deployment?

I would like to have extra time with my child, since we lost out on 6 months of seeing each other. My ex will not agree to this on her own. I am hoping there is some law out there that could help me get extra visitation?

Lydia Seifner
Lydia Seifner
answered on Feb 16, 2018

Yes, it is possible to receive make up time for the months you were deployed, however you may need to seek a family access motion to receive it. Talk to an experienced family attorney local to you.

1 Answer | Asked in Child Support, Criminal Law and Family Law for Missouri on
Q: My husban hasnt seen his kids in 3 years but he still oays child support what can we do? These women move. All the time.

We need help with back chikd support tgat wasnr modified when my husband dudnt have a job.

Lydia Seifner
Lydia Seifner
answered on Feb 8, 2018

You can modify back owed child support dating back to the date of filing of a modification. But if you did not seek a modification during a time when your husband was unemployed, there will little anyone can do to adjust that amount of back owed support. If you husband is currently unemployed you... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: Can I contact a Judge?

I have kinship care of a 3 year old. I have had him for over 2 years. Mom lives on the streets with hardly any contact and dad just released from prison. Dad is now petitioning the courts to gain custody. The child is scared of him and begs not to go with him each visit. Dad was in prison for... View More

Lydia Seifner
Lydia Seifner
answered on Feb 7, 2018

No, you cannot contact the judge directly. If you are named as a party in the petition, and you are unrepresented, then you may speak with the judge in the presence of the father's attorney, but you cannot speak to the judge privately. Also, if you are named as a party you may (and should)... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Hello, my daughters mother left about 2 years ago and I took over and moved my daughter out of her moms (grandparents)

She barely hears from her mom and haven’t seen her in about 6 months. I’m now moving forward with custody case, she’s not trying to get her back but I was worrying if she come legally get my daughter back if she wanted too. She didn’t have a steady home and my daughter goes to school from... View More

Lydia Seifner
Lydia Seifner
answered on Feb 6, 2018

Until you get the custody petition filed with the court, she can collect the child at will. Once it is filed however, you can ask for a temporary custody while the case is pending, and it will stop her from suddenly taking the child. The court will not want to upset the child's routine.... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I go to jail for kidnapping if I am not able to find a ride to take my son home?

The court order between my ex and I states that we are both fit to have joint, legal, and physical custody of our son. My ex is claiming if I cannot find a ride, he will call the cops and press kidnapping charges.

Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

Generally, if you have joint custody, you are not kidnapping just because you can't provide the return transportation. Especially, if your ex was aware of the transportation issues and is refusing to retrieve the child himself. As long as this is a rare occurrence, and you are trying to find... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My child’s mother posted a video of him driving her car while on her lap.He’s 8,would I win sole custody?
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

The courts award custody based on the best interests of the child. You haven't given enough information about the circumstances for anyone to know the severity of the act. If they are sitting in her driveway, or driving in an empty back-road at two miles an hour, the court may not view that... View More

1 Answer | Asked in Family Law for Missouri on
Q: If I have a felony can my girlfriend lose custody of her children
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

It depends on the felony and whether or not you live with your girlfriend and her kids. Talk to an experienced family attorney close to you.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: If me and my boyfriend decide to get married will my income be effected by his child support? Will I have to pay too?
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

Your income will not be affected by his child support obligation, nor will his obligation become yours to pay. Now your contribution to the household may affect his support obligation if the amount gets modified in the future; and you may have to assist him in paying his obligation, just as... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Why would a parenting plan say that weekend custody has to be within 90 miles of father's residence.

I live in Missouri and mother lives in Minnesota

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

Not knowing anything else about your situation, it is probably to keep the child from having to spend his/her entire weekend visits traveling.

1 Answer | Asked in Family Law and Adoption for Missouri on
Q: My child's father hasn't made effort to be involved for several years. Is it my legal obligation to know his address?

The address I had for him was incorrect. I tried having him served other papers prior to filing adoption. He couldn't be served at that address. So when we filed adoption, we ran an add in the paper instead of trying to serve him. Child support garnishment has stopped so now he got a lawyer to... View More

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

It is not your obligation to know his address. It is his obligation to inform you of his address. The fact that his hasn't been involved and failed to keep you updated so that you could serve him personally goes in your favor. Talk to an attorney local to you who does contested adoptions.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I have guardianship of my sister, and my mom is currently receiving child support for her. Should i be receiving it?

My 14 year old sister has lived with me for 1 year, I've had legal guardianship of her since August 2017. Our mother is currently receiving her child support payments. Can i legally get those switched over to me? My mother is completely out of the picture.... what can i do?

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

The support is supposed to go to the care of the child, if you are her legal guardian, then you are eligible to receive support on her behalf. Talk to a family attorney local to you about seeking a modification as a intervenor on the current child support order.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If my 17 year old child were to move out of my house and I did not want her to, is there anything that can be done?

If I filed a missing persons report would they bring her back even she says she is safe? Does the law see her as old enough to make this decision? I’ve heard of other kids doing this.

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

This is one of those topics in which legal theory and reality don't match very well. Technically, she is still a minor and you can report her as a runaway, or if you know where she is, ask the police to bring her back. However, there's a limit to what you can realistically force her to... View More

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO MEET MOTHER 90 MILES OR LESS FROM MY HOUSE?

MOTHER LIVES IN ANOTHER STATE. PARENTING PLAN STATES THAT MOTHERS WEEKEND VISITATION IS FORM FRIDAY TO MONDAY PRIOR TO THE RESUMPTION OF SCHOOL.

BUT ALSO SAYS THAT CUSTODY SHALL BE WITHIN 90 MILES OF FATHERS RESIDENCE. AND UNDER TRANSPORTATION IT SAYS THAT IF PARTIES CANNOT AGREE PARENT... View More

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

If your plan says to meet at mother's house, then that's what you have to do. It is unclear from your question if someone moved since the last court order, if so, then you have grounds to file for a modification. Talk to an attorney local to you.

1 Answer | Asked in Family Law for Missouri on
Q: Can the father of my 17year old. That gave up his legal rights to her. Sign documents from school and enroll her w/o me?

She left home and refuse to come home. I transfered her papers so she was in school. But mitch pearson is not a legal guardian or legal parent

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

You can't give up legal rights to a child unless there is someone else to step into the role, such as with adoption. From what you described, you were granted sole custody. As sole custodian, you are the only one who can enroll her in school.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My sons father hasn't contacted me in almost a year about our son. Can I file for abandonment?

He doesn't ever contact me about our son, we actually have zero contact. He is not on the birth certificate and we were unwed when my son was born.

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 31, 2018

There isn't a cause of action called abandonment, but abandoning a child can be part of a claim form some specific relief. It seems like more information is needed.

What are you trying to accomplish? Getting child support from your son's father? Having another person adopt your...
View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My 16 yo granddaughter wants to live with me. She is in CO, I am in MO. She was adopted and my rights were taken away.

Her mother and my rights were taken away 15 years ago when she was adopted. Can she legally leave her home and come to live with me?? Also would I get in trouble for harboring a minor?

Lydia Seifner
Lydia Seifner
answered on Jan 30, 2018

Legally, she belongs to her adoptive parents. She cannot come to live with you without their express permission; otherwise, yes, you would be in trouble for harboring a minor.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: So I got remarried to the same guy i had an child support and custody agrrement with

Been married for a year things have not gotteb any better. He never called and said we got married should i have been paying for child support and is our previous agreement still in place if we call it quits... And can he use stuff against me from our previous married/ divorce?

Lydia Seifner
Lydia Seifner
answered on Jan 30, 2018

You should not have been paying child support if you were living together. However, your previous agreement would be in place should you separate, but all things considered you should definitely talk to an attorney local to you for a modification as thing have significantly changed between you two.... View More

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