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Missouri Family Law Questions & Answers
0 Answers | Asked in Family Law for Missouri on
Q: We have added my fiancé to my sons birth certficiate. What are our rights if someone petitioned for visitation rights?

My sons bio father was very mean and abusive. During those times I lost my brother and was addicted to pain pills with the bio father. I had a mental breakdown and the family made it worse. We did not feel safe there anymore. My son, Tucker, was almost 2. I had been clean for 1 year. We kicked him... View More

1 Answer | Asked in Family Law, Patents (Intellectual Property) and Criminal Law for Missouri on
Q: My son is 15 and having a baby he sign the birth certificate? We live in the state of Missouri.

He says he knows the baby is his and wants his rights to the baby. I plan on doing a DNA test the day the baby is born.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2017

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Missouri on
Q: Do I have to tell the other parent when moving out of state? I am the primary parent.

There is no court ordered custody. He does pay child support and has health insurance on our 2 kids. We've never been married. He is on the birth certificate. He only sees them at best once a month. Today is his first time seeing them in almost 3 months. 3 days shy of it. He isn't very involved.

Kristen Thurmond
Kristen Thurmond
answered on Oct 16, 2017

This is one of those situations where what you "can" do and what you "should" do are different. On the legal side of this question, once father finds out you have moved, he can petition the court for more definitive parenting time. As a result, you may have to drive every... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Do I need a lawyer for this case?

Hello, I am married but separated with 1 child. My husband is not on my child's birth certificate and we never had a DNA test done. My son has never lived with him other than spending 1 summer with his father after he returned home from the military. My husband is trying to put me on childs... View More

Mrs. Shelly Renee' Reece
Mrs. Shelly Renee' Reece
answered on Sep 27, 2017

Family Law and Paternity cases are complicated and can have effects far into the future. I would suggest you consult with an attorney in the county you have filed your case in.

1 Answer | Asked in Family Law for Missouri on
Q: What is notice of entry case dismissed for failure to prosecute in a paternity case? Received notice of entry 74.03

Had an attorney and it stated proposed judgement cannot be approved without appearance. He never appeared and then filed motion to withdrawl of counsel. Now theres a notice of entry that case will be dismissed for failure to prosecute in accordance 37.1 unless motion for trial setting, together... View More

Mrs. Shelly Renee' Reece
Mrs. Shelly Renee' Reece
answered on Sep 26, 2017

Please contact an attorney in the county in which your case is located in. They will be best to help you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can someone sue me and demand I pay their lawyer fees when I can't even afford a lawyer myself?

This is a custody case. The father of my granddaughter wants custody now that she's 8 and I have had guardianship of her since she was 6 months old.

Kristen Thurmond
Kristen Thurmond
answered on Jul 18, 2017

The short answer is probably not. There are provisions that allow for attorneys fees to be paid by the other party, but certain criteria must be met. However, you really should talk with a local attorney about the particulars of the case. Lots of attorneys will give free consultations by phone.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: What rights does a 16 years old female have to leave home.... (17 next month)?
Nrupa Patel
Nrupa Patel
answered on Jul 10, 2017

There are no rights...she is still a minor. If she leaves and parents don't know where she is, parents can call the police to make a runaway report an any law enforcement officer that comes across her would have to take her into custody and take her back home.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: By case info should I check 'the other party was ordered to pay child support to me' or 'no child support was ordered'

After a year of trying a 50/50 schedule, I am filing a motion to change custody to get full physical custody because the other party does not follow the schedule or participate in parental obligations. Nothing has been ordered as of now in reference to child support but an amount has been... View More

Kristen Thurmond
Kristen Thurmond
answered on Jun 1, 2017

Look at what your previous judgment or order from Family Support Division says. If you have no judgment, then nothing was ordered.

1 Answer | Asked in Civil Litigation, Construction Law, Family Law and Divorce for Missouri on
Q: Can I be sued for bad work my ex husband did while married that I had no involvement in?

We are now divorced, but we're married when he did a bad remodeling job. They are now sueing me because we were married at the time. I had no involvement in the job, business, or contract. We have always had separate bank accounts, no joint assets, and I received no money for this work. I knew... View More

Kevin Webb
Kevin Webb
answered on Nov 23, 2017

It can be frustrating, but it is a common frustration that one can be innocent, yet still must spend money on an attorney to prove that innocence. Fortunately, you are not wrongly accused of a criminal accusation; I know that doesn't make this any less painful, but it is also a clear example... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have an issue I need an answer to. 3 years ago I gave temporary gardening ship of my son to his grandfather

Yes my name is Jami. I have an issue I need an answer to. 3 years ago I gave temporary gardening ship to my son's grandfather. I never signed my rights over. Part of our agreement was that his father was not allowed to be around my son because he was an heroin addict. Well here recently my ex... View More

Kristen Thurmond
Kristen Thurmond
answered on May 26, 2017

You need to talk to an attorney immediately. It is my understanding that since you gave another person guardianship of your son, only that person has parental rights over your son until it is terminated. You may try to file a police report about the incident if it has not happened already or... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What legal rights does a person get from a paternity test if someone else is already on the birth certificate?

I'm currently not living with my parents but with a family friend that I have been with for a year since they allowed me to. I am wanting to move in with what my mom claims to be my biological father. Though when I was born she had another guy sign as my dad. I have rarely spoken to my... View More

Kristen Thurmond
Kristen Thurmond
answered on May 22, 2017

When someone signs a birth certificate or some other legal document, that person has two years to determine whether or not the father is the biological father. After two years, there's nothing that person can do. However, if your biological father wanted to adopt you, then that would be the... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex has legal & physical custody & enrolled my son in several activities during my visitation times. What can I do

He has enrolled him in baseball during weekends, baseball practices everyweek, taekeando tournaments, swim team, summer school, etc

Kristen Thurmond
Kristen Thurmond
answered on May 8, 2017

The immediate solution would be to file a family access motion so the court can speak with you and your ex about why the child is enrolled in activities that interrupt or prevent you from having your court ordered parenting time. However, that does not necessarily mean the child will not be... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: When a parent sign their rights to the other parent can the parent with the rights file child support

Family

Kristen Thurmond
Kristen Thurmond
answered on May 8, 2017

There is no such thing as a parent signing his or her rights away. A parent can consent to have his or her rights terminated, which is done by either someone else adopting the child or the state terminates the parent's rights. If a parent agrees to not have any custody of the child, legal or... View More

1 Answer | Asked in Family Law, Adoption and Child Support for Missouri on
Q: If a father has his daughter get adopted by a man that is dating his child's mom does he still have to pay child support
Kristen Thurmond
Kristen Thurmond
answered on May 1, 2017

If a child is adopted, then the previous parent's rights are terminated. Additionally, once a child becomes the legal child of a person that person becomes responsible for their care, custody, and support. Essentially, all obligations transfer to the new parent. However, it may be possible... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My 15 year old daughter is refusing visitation on her mother's weekends is that legal or can I be held in contempt?

My daughter and her mother fight constantly on the phone and then they bring me into the middle of it I want her to have time with her mom but she doesn't want to go I can't force her can I?

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

At that age, the daughter has much more say in what she does and does not want to do. The best you can do is to keep encouraging her to try to keep a good relationship with her mother because even though it may not seem like it now, she may want a relationship with her later. However, if you think... View More

1 Answer | Asked in Family Law for Missouri on
Q: I am trying to find a pro bono family lawyer as I am 7 months pregnant and I am unable to work.

I asked my daughters dad to keep her until I found us a place to live. Now he has alienated her from me completely.

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

The best you can do is try to find an attorney who is willing to help you on a limited representation basis or give you a free consultation. Attorneys would love to help everyone regardless of money, but we have to pay our bills, too. Find a local attorney and get a free consult on what you can do... View More

1 Answer | Asked in Family Law for Missouri on
Q: Moving to Illinois from Missouri with minor.

Father is not around, pays no child support and is basically only on the birth certificate. What do I need to do to not get in any trouble, or would I be breaking a law? There is no parenting plan, we were never married. Please help!

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

If there is no court order of any kind for any thing, including child support, then you can move wherever you want. If you move, the father may file a paternity action asking for shared custody and parenting time, which could mean you have to move back to Missouri. That said, it is in your best... View More

1 Answer | Asked in Family Law and Domestic Violence for Missouri on
Q: My sister's boyfriend is threatening her and is abusive. What can I do to help her get safely out of the situation?

I know my sister is being mentally abused and now I fear it has progressed to physical abuse. I think he is threatening her with hurting the family if she leaves. He is also, we believe, an undiagnosed schizophreniac. What can I do to help her get the help she needs to get rid of him and protect... View More

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

Your sister has to want to leave. If you personally witness any physical abuse, you can call the police. Just know that if you report it and your sister does not want to leave, it could make things worse at home for her and the kids. Until your sister is prepared to leave, there is not much you can... View More

1 Answer | Asked in Civil Rights, Family Law and Juvenile Law for Missouri on
Q: Is what my mum says disowning?And if so, is it legal to leave the house after being disowned?

I am a trans guy transitioning from male to female. Recently I came out to my mum who says she'll never accept me. Is that technically disowning and if so, is it legal to leave the house after being disowned?

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

Disowning a child and abandoning a child are legally different. If she stops providing you food or kicks you out of your home, etc., then you need to call local child protection services or the police. You can even tell a teacher or someone else your close with that you need help. Talk with your... View More

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: My husband and I have had guardianship of a now 3 year old. Her mother is prostituting and lives with her pimp. We have

Had her for over 2 years. We are the only mommy and daddy she has known. Her mother has only seen her on 2 different occasions and both times was only for a few hours. Her mother is from Texas and had 2 other children taken away by CPS which her last one was under aggravated circumstances because... View More

Brandi L. Ward
Brandi L. Ward
answered on Apr 6, 2017

You are likely eligible for adoption now and I would encourage you to meet with a family law attorney in your area immediately.

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