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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law for Missouri on
Q: My 3 kids are under guardianship and they ate refusing me contact. What are my rights for visitation and contact?
Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

This would depend on why the guardianship was put into place. There are a lot of facts that an attorney would need to know before an accurate answer could be given. I recommend trying to find a local attorney to do a consultation with and help you figure out what you can and cannot do.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: If my daughter has moved out of her moms at 17 can she come to Washington? I also still pay the mom child support

Daughter and mom had a domestic dispute. Police said she was an adult under MO law at 17 and could leave of her own free will. She moved out and wants to move to WA but I don't know the legal ramifications of that. if I can let her come. I don't want to get in trouble or her to get in... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

Does the mother know of this? If so, see if you can both sign an affidavit to terminate child support. If the daughter is moving out because she is mad at her mother, then you need to speak with your daughter and her mother about the move and why it may or may not be good for her. At 17, she'd... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex wife is threatening court because my 6 year old son took a drink of my girlfriend's beer without her permission.

My six-year-old son took a drink of my girlfriend's beer. She took the beer from him when she noticed him taking a drink. Now my ex-wife is saying that I can no longer have my son around my girlfriend (we live together) and that if I do she will file for full custody of our son and have my son... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

Can she file? Yes. Will she win? Maybe, but there would need to be more than just a single incident like this. Co-parenting classes or therapy for you and the mother would be the best option before going back to court.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My child's father informed me today that he's wanting to sign his paternal rights over.

We were never married, and he's about 1500 behind in child support. He claims he might as well as relinquish rights because I will never bring her to his girlfriends house to let them see her. Mind you I've told him many times they could come see her here. I'm worried it will end up... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

If you have not been to court to establish a parenting plan, then you really need to do so. Just because there are other kids in his home doesn't mean he should not get to see his daughter, but not having adequate space for three kids could mean no overnight visits. Talk with a local attorney... View More

1 Answer | Asked in Collections and Family Law for Missouri on
Q: Is a spouse liable for her husbands judgement if they were married after the judgement?
Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

Generally, no, unless your funds were already mingled at the time of the judgment. Speak with an attorney who helps with bad debt collection calls or deals with the Fair Debt Collections Practice Act.

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Wrongful Death for Missouri on
Q: can a case that was just dismissed 3 years ago, that involved a death of a child be reopened?

Medical examiner said it was accident so after 58 or 85 days the guy was in jail for murder charges just got released. The stories don't add up and not do the injuries the child had even dfs said there was multiple injuries they discovered on the child and the injury he obtained from this so... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

If it went to trial, no--the double jeopardy clause prevents retrials. The problem is that the DA's office has to be convinced that having had the case thrown out once it's likely to succeed now. In a criminal case it has to be shown beyond a reasonable doubt that the person charged did... View More

1 Answer | Asked in Animal / Dog Law and Family Law for Missouri on
Q: I am currently staying with my ex husband. He said if I am not out in a few days that he will shoot my dog. Is that lega
Kristen Thurmond
Kristen Thurmond
answered on Apr 21, 2016

I do not believe this a question about legality as much as it is about your safety and your dog's safety. To get you to move out, there are a lot of questions that need to be answered. If an individual is threatening to kill your dog, you need to seek a safer place to stay immediately. There... View More

1 Answer | Asked in Family Law for Missouri on
Q: How and who can I contact about a divorce if I have no money for an attorney?
Justin Michael Crozier
Justin Michael Crozier
answered on Feb 18, 2016

You can look into legal aid. They can help offer legal services at lower (or free) prices. You also might be able to sign up for a pro-bono assistance. There are also attorneys who are willing to help out on a payment plan structure or who will give you some "low income" pricing. Good luck.

1 Answer | Asked in Family Law and Adoption for Missouri on
Q: Can my son be adopted by his step father at the age of 18 without involving biofather?

He has never had anything to do with my son and now he is dead

Justin Michael Crozier
Justin Michael Crozier
answered on Feb 18, 2016

Probably not. Unless the biological father has given up his parental rights. A child only gets to have two parents. If the biological father still has parental rights, then the child can't be adopted. If the rights HAVE been given up, then he doesn't need to be involved at all.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Bigamous marriage in Missouri....Since it is void ab initio do you have to file an annulment?

Married thinking my divorce from my previous was final, however it wasn't finalized until 4 days after we married. Do we need to get our marriage annulled? We are no longer together and want to figure out how to deal with this so that both of us can move on with our lives.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

I've often wondered about that question (in general). Logically, it would seem that you don't need to. But if and when either of you wants to re-marry, he or she should consult with an attorney in the state where you (or your "current spouse" lives to determine if a new marriage would be valid.

1 Answer | Asked in Family Law for Missouri on
Q: Can I file temporary custody without having a lawyer just until me and my ex go to court so she doesn't go out of state

What do I need to do to get 50:50 custody

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2015

You need an attorney. You are asking, in two sentences, for information such attorney in your state could only answer after a detailed conversation with you.

1 Answer | Asked in Communications Law, Criminal Law, Family Law and Juvenile Law for Missouri on
Q: Can an adult male employee be charged for giving 10 yr old his facebook contact information

My 10 yr old was with my mom at a auto parts store. An adult male employee gave her a small piece of paper with his facebook and whispered add me and throw this away. We have filled a police report and contacted the store and corporate. The district manager thinks it is a misunderstanding. How do... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 26, 2015

If this is important enough to you, which it should be, you will go see a local attorney about it to get the specifically tailored legal advice that you might need. When you do that, the attorney will be able to have a full discussion with you and will look for any possible causes of action that... View More

1 Answer | Asked in Family Law for Missouri on
Q: My ex lived in Kansas... I live in Missouri... Recently she moved to Texas without my consent or knowing. Is this legal?

I have joint custody with equal parenting rights.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2015

Depends on the terms of the custody order.

1 Answer | Asked in Family Law for Missouri on
Q: how do i get a case moved to a different state???

case was filled in kansas i reside in missouri and my kids want to live with me and i want the case to be in missouri

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

If there was no custody order entered in the Kansas case, and if the kids have lived with you in Missouri for at least six months, you simply dismiss the Kansas case and re-file in Missouri. Otherwise, if a custody order was entered in Kansas, you cannot re-file in Missouri. For further... View More

1 Answer | Asked in Family Law for Missouri on
Q: What do I need to file when ex husband won't pay court ordered alimony?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

You would file a motion to require him to show cause why he shouldn't he held in contempt of court.

1 Answer | Asked in Family Law for Missouri on
Q: what are my chances of getting my boys if they are 17 and 15 and dont want to live with their dad????

he has residental custody even before they came here they stated they wanted to live with me and all he cares about is the child support

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

You need to go see a family attorney for a full discussion about these matters and perhaps filing a petition for modification.

1 Answer | Asked in Family Law for Missouri on
Q: What legal rights do I have?

I have a four year old that I have joint custody with. His mother put him in preschool. However, our order states that until school starts, he is to be with me one week a month. She wants him to skip a week a month of preschool to come here with me. I want him to have consistent learning. Which... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

Go see a local family law attorney for a full discussion with all relevant documents in hand.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: Do I pay the same child support sum until all of my children are of age? Or does it decrease when each become adults?

I pay on 4 children. Do I pay the amount I pay now until the youngest one no longer meets the requirements to receive support? Or can the amount I pay decrease as each one reaches adulthood?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2015

One would think that it should decrease every time one of the children reaches the age of majority, right? But possibly not; it depends upon the terms of the custody order and the specific law in Missouri.

1 Answer | Asked in Divorce, Employment Law, Family Law and Immigration Law for Missouri on
Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?

Hello,

I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.

I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 18, 2015

If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to... View More

1 Answer | Asked in Family Law, Personal Injury and Car Accidents for Missouri on
Q: Missouri family wants brain dead relative taken off life support, but wife will not comply. What can the family do?

A man was recently in a car accident that left him brain dead (with no hope of recovery). He is currently on life support and the family has decided that it's in his best interest to be taken off life support. Unfortunately, because he is married, his wife is the one who has to make the call.... View More

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

Sorry to hear about this.

The family should talk to a health care of guardianship lawyer about their rights and options. If the wife can be shown to be mentally unfit to make decisions, it may be possible to have someone else appointed to that capacity.

It might also make sense to...
View More

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