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Missouri Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: The situation: Bill is going to be declared dead in August. Bill had a child, Mark who passed away in 2019. Mark had a

Son, Zach who is still alive. Bill died in California, we live in missouri.

Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... View More

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2023

First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html

Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants...
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1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Are hair follicles invasivebin child custody cases in missouri?

A judge went straight to hair follicle drug tests instead of the leastbintrusive method first.

Steve D. Hardin
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Steve D. Hardin
answered on Feb 16, 2023

No they are not invasive in a child custody case. Less invasive urinalyses do not give a history of drug or alcohol abuse so the courts often want a hair follicle test.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Already legally separated since 2019. We both are in agreement we would like the final divorce. How do we proceed?
Kristen Thurmond
Kristen Thurmond
answered on Feb 3, 2023

You state you are legally separated. If that means you have a judgment stating you are legally separated, then you simply need to file a motion to convert to a dissolution of marriage. You can have an attorney assist you or try to find forms on the self-representation portion of the Missouri courts... View More

1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: What’s a briefing
Tim Akpinar
Tim Akpinar
answered on Feb 10, 2023

A Missouri attorney could advise best, but your question remains open for three weeks. In the most general sense that applies nationwide, briefing means a meeting. It usually involves giving information or instructions. That's a broad definition. If this is in the context of a Missouri statute... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Will I have to pay child support if the child moves in with his father who owes back child support?

This is in Missouri and the father owes 8,000 in back child support for this child.

Kristen Thurmond
Kristen Thurmond
answered on Jan 16, 2023

This has come up in several of my cases where custody has to change for various reasons. Most of the time, the judges in the courts I practice in have determine it to be a credit towards the amount you owe. Since you stated there is $8000 in arrears, you would be "paying" the new amount... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: A friend is in state custody (foster home) she’ll be 18 in March. They are wanting to move her again and she’s tired of

Moving and is thinking about running away. What can happen if she does run away

Kristen Thurmond
Kristen Thurmond
answered on Jan 16, 2023

First, your friend should have an attorney appointed to them that they can talk to about this. Second, this is really going to depend on the county involved. She needs to be participating at court and taking advantage of all the programs and services available to older kids/young adults in state... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can the father of my children be they're next friend if he's suing me for custody but I have the kids
Steve D. Hardin
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Steve D. Hardin
answered on Nov 21, 2022

Short answer is yes. Long answer is yes and Next Friend doesn't really mean that much in a custody proceeding. The Court will appoint a GAL if there is need for your children's interest to be represented in Court with the correct motion. Ultimately you need an attorney to help you with... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Missouri on
Q: need cases to cite concerning no contact order violation because they got married and now he's being held wo bond

there was a call for domestic violence my friend went to jail and subsequently bonded out and there was a no contact order in place, he then got married to the alleged victim and now he's being held without bond due to the no contact order being violated

Cynthia W. Trice
Cynthia W. Trice
answered on Oct 17, 2022

Hi,

I am sorry but I only practice family law. Your question is a criminal law question. Despite the fact that your friend married the victim, whenever you have a question related to someone being sent to jail, and a bond, it is criminal law, not family law. The only exception would be...
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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How can a judge enter a default judgment in custody case 5 days before pre trial conference?

My son started a custody case 6 months before he became extremely disabled due to MVA on New years eve. His attorney dropped his case for non payment while we were waiting on social security to start. I have guardianship and conservatorship of him now. Received a notice of court date for ptc for... View More

Cynthia W. Trice
Cynthia W. Trice
answered on Oct 15, 2022

Hi,

I am sorry that your family is experiencing something like this. It appears to be very strange that a judge would just enter a default judgment so abruptly like this. Are you sure that a court date or two was not missed? Normally, the court gives pro se litigants (individuals proceeding...
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1 Answer | Asked in Contracts, Family Law, Foreclosure and Real Estate Law for Missouri on
Q: Does he have any rights to my house? Should I file a lien and how much does that cost?

My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.

1 Answer | Asked in Family Law and Real Estate Law for Missouri on
Q: My spouse moved out of our home 8 years ago and I never removed them from the title. Is he entitled to any proceeds?

My fiancé moved out 8 years ago due to an abusive relationship. I’ve had full custody of our 4 kids ever since then. He made 3 years of payments on the house while we were together, but I’ve made the last 8 years of payments by myself. I’m wanting to sell my house and move soon. Is my ex... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 3, 2022

There are a couple of considerations you need to make in order to answer your question. First, the loan you and your ex have is with the mortgage company. That lender is not invested in your personal situation and is just interested in 1) whether the mortgage payments have been made, and 2) that... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can I get in trouble legally for not allowing unsupervised visits for my children. No court ordered custody at this time

I recently split from my fiancé due to domestic violence and violence against our children. I allow supervised visits with a trusted family member. I also allow him to call them on the phone. He however will be moving into an apartment with his new girlfriend and wants overnight visits. Can I get... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 10, 2022

You need to look into filing a paternity action as soon as possible if you don't already have a custody order in place. If there is one, then you need to be filing to modify it. If you have legitimate concerns about the kids' safety, you need to file for an order of protection. Consult an... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How to remove/replace the current guardian at litem in our case doesn't seem to have her clients best interest in mind

Seems to be siding with the person who is under investigation for not protecting her child.

Kristen Thurmond
Kristen Thurmond
answered on Aug 10, 2022

Removing a guardian ad litem (GAL) is a difficult task if the case has been going on for a while. In the first few days of a GAL being appointed you can ask for a new one without cause. After that, you have to show good cause to have one removed. This means you have to show the judge that he or she... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My two boys is mother custody of my boys she has them living with her brother she's not stable how do I get custody

She's been in trouble for not having them in school she's on drugs and more

Kristen Thurmond
Kristen Thurmond
answered on Aug 10, 2022

If you already have a custody order in place, you will need to file a motion to modify your order to have the children live with you. You have to show a continuous and substantial or significant change in circumstances since the last order was entered. If you do not have a custody order, then you... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Is full custody worth pursuing?

I have a 5 year old son. His mother and I share 50:50 custody. I live in southwest Missouri. She lives in northwest Arkansas. Legal orders for custody arrangements have never been a consideration until recently when a few things came to my attention:

1) I have received photos from her... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 10, 2022

This is going to be very dependent on the judge who entered the first order and how they handle modifications. You need to find an attorney who practices in the county where your custody order was entered to see what your options are.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children

I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?

Kristen Thurmond
Kristen Thurmond
answered on May 16, 2022

Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the... View More

1 Answer | Asked in Family Law for Missouri on
Q: Family law. Issues with which address the children live at.

My ex-wife and I have been divorced for over 10 years now and this has never been an issue until now. In the divorce degree it states she gets to use her address as the children main residence. Until recently she has lived 20 mins from me now she moved over an hour and 20 mins away and crossed in... View More

Steve D. Hardin
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Steve D. Hardin
answered on May 3, 2022

You need to consult with a family law attorney and have them review your parenting plan there maybe quite a lot that can be done. Do not wait as time may make it difficult or impossible to do anything.

1 Answer | Asked in Family Law and Probate for Missouri on
Q: My grandpa past away last august and all of a sudden his will was changed and his son got everytjing which is not

My mother died almost 4 years ago and grandpa told me and my brother what we was to inherit and our children inherit. All of a sudden after hes gone the will is no where to be found my uncle wont talk to anykne. Noones allowed on the farm. Gramdpa told me that me and my btother would split our... View More

Lloyd  Nolan
Lloyd Nolan
answered on Mar 28, 2022

There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your... View More

2 Answers | Asked in Employment Law and Family Law for Missouri on
Q: Are companies required to pay by law if you are off with COVID and unvaccinated. Vaccinated people get paid if off.

they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2022

There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... View More

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