Get free answers to your Family Law legal questions from lawyers in your area.
I live in Missouri, I pay 100 a week directly into her mother's bank account... she requested I do this, and now she is saying she is going to go get state help (she makes way more money than I do) and that they will make me pay since day she was born... is that true? Or can I prove that she... View More
answered on Jan 3, 2021
You are correct. If you can donstrate that you have been making direct support payments, then you have a good argument for receiving credit for support paid. If you do not have proof and she is willing to perjure herself under oath, then the judge will make the determination.
Most states... View More
answered on Jan 6, 2021
Please expand upon your question because I cannot help you with the information you provided.
We did a Pro Se divorce in Missouri earlier this year. We have joint physical and legal custody. The kids are with me 1 week and him the next. The address for school and as their residents is mine. So I am wondering who is considered the custodial parent those words are not used in the divorce... View More
answered on Jan 6, 2021
Correct, states like Missouri and Kansas don't list a parent as the "custodial" parent; they say that one parent's residence will be used for mailing and educational purposes. Neither parent is the custodial parent since you have joint legal and physical custody, but there is... View More
answered on Jan 27, 2021
You would need to resolve the issue of guardianship by another family member prior to working on a child custody agreement.
...where my daughter lives with her mother, step father, and his children with my ex.
I would like to get a court order for visitation, but I’m afraid I will get hit hard for more child support. My daughter needs braces and I can definitely afford that, but again, my court ordered... View More
answered on Jan 26, 2021
It may depend on which is a greater interest to you - keeping your child support low or making sure you have visitation. Often greater visitation closer to joint custody can lower your child support compared to less time, but it also depends on the other parent's income along with any other... View More
There was no abuse or anything in the relationship, she got upset at him and kicked him out and said he wasn’t allowed any contact with the child at all.
answered on Dec 18, 2020
Yes she can. Visitation and custody does not determine child support though overnight stays do go into the calculation for the presumed amounts.
My daughters dad has been refusing to give my daughter back. I am the custodial parent. Missouri Department of social service sent me papers stating I am the custodial parent. The cops where he lives refuse to help me.
answered on Dec 28, 2020
It depends on what reason dad believes he needs to refuse to return the child. Without that information, it is difficult to say but generally if his parenting time has ended and he has retained the child during your parenting time, that is not allowed. Although local law enforcement can enforce a... View More
answered on Oct 23, 2020
There is not nearly enough information in your question to give you a good answer. First of all "charge" would indicate a criminal charge and only a prosecuting attorney can file charges on anyone. You may be able to file a police report but the prosecutor would make the charging... View More
So I don’t have a birth certificate and want to get a birth certificate from Kansas City Missouri Jackson county but I can’t afford it
answered on Sep 8, 2020
You posted your question on a site that features Texas lawyers. You need to contact an attorney in Missouri.
I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... View More
answered on Aug 31, 2020
It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... View More
My daughter is almost 4 and her biological father hasn't been around since she was about 14 months old. I filed for child support after he told me he wasn't going to help out if he couldn't have me, but has not seen her at all. My husband has been around since she was a few months... View More
answered on Aug 17, 2020
No is the short answer. The long answer is that your husband can seek to do a step parent adoption of your daughter that would make him the legal father and terminate the parental rights of the biological father. Realistically you will need an attorney to help with this process.
The children have been with me for over a year
answered on Aug 12, 2020
If you and your ex share joint legal custody, neither of you can unilaterally enroll the child in school without the consent of the other parent. If there has been a court order about where the child will go to school, you can a file motion to enforce. If you guys can't come to an agreement,... View More
The Mother is now 11 weeks pregnant and I have evidence of her doing drugs and refusing to set up any appointments with a doctor for the child, also the mother is threatening to not let me see our child when he/she is born I am worried for our child's wellbeing and I would like to know what... View More
answered on Aug 10, 2020
First and foremost, I am sorry to hear that you are going through this. The law tends to make it more difficult for a father to establish his parental rights. The first thing you would need to do is establish the child's paternity. If you guys are married, Missouri assumes the child's... View More
They split up after being engaged for 2 yrs and have a child together. I recorded him telling me she has no desire to bond or be around my son, does not support his fathers relationship with him, and wants to keep her daughter from my son because she claims my son might hurt her (completely... View More
answered on Jun 5, 2020
It sounds like there's more to this situation that what is in your post. You might have a basis to modify your parenting plan. But simply having a recording like the one you described is probably not enough to "move the needle" in any way. You would need more compelling evidence.... View More
I have a 7 yr old son with my ex husband. I became pregnant 2 months after being married, and all the red flags came clear to me. He is verbally and emotionally abusive, and he moved out when my son was only one. He never filed, and I intentionally waited to file til he was 3.5 yrs old, but we... View More
answered on Jun 5, 2020
When you say "custody interference" are you referencing a family access motion? Or a motion to modify and/or motion for contempt? The way in which you respond depends on what he filed. If he is physically and emotionally abusive to the children, then you should think about filing a... View More
Her mother was legally married and living at home with her husband when we conceived the baby.
When the paperwork was done at the hospital for the birth cert. the hospital wouldn’t take the documents due to a conflict in last name but I never got the new paperwork but My last name made... View More
answered on Jun 2, 2020
She was married to another man, but your name is on the social security card? And you did not sign an affidavit or take a paternity test, right? Very odd. Two possibilities come to mind. First, did she maybe file a paternity case or did the husband file a non-paternity case? They would have... View More
p.s. there is no court doc. saying who has full custody
answered on Apr 24, 2020
The most simplistic answer is that without a court order your father may not have legal rights to make decisions for you. This could cause problems at doctors' offices, schools, etc. The good news is that, yes, you do get a say in where you want to live. How much your voice is heard on the... View More
Father got a full order of protection against me last august. Since then we have tried working on things and hanging out and trying to make things work and getting back together. He never got the order dropped and we are no longer working on things. How is this going to play into what he just filed?
answered on Mar 31, 2020
There is not enough information in your question to give you a good answer. Other than to say that you need to consult with an experienced family law attorney. It is pretty obvious that he is up to something but what his finial goals are would take a full review of the case, talking to you, and... View More
My daughter will be 18 in about 6 months. She has always been unhappy living with her mom. She is depressed all the time. Can she choose to come and live with me or do I have to take her mom to court?
answered on Mar 18, 2020
There is no clear answer to this as it is heavily dependent on the court that issued the original order. Some courts are particular about it and others tend to think forcing a 17 yr old to do anything is pointless. Unfortunately, the best thing to do is talk with the other parent. But be realistic... View More
Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???
answered on Feb 20, 2020
Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.
Relocation is a separate issue, though someone relocating can effect the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.