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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law for Missouri on
Q: What forms do i need to file a motion to inforce the original visitation agreement in a Missouri court? Of a minor

In 2018 i, consented to a Stipulation consent to guardianship in the Missouri courts of Morgan County. Since that time the guardian has consistently denied &/or interfered in the court ordered visitations. I would like to file the necessary documents to the same courts ordering the guardian to... View More

Kristen Thurmond
Kristen Thurmond
answered on Feb 17, 2020

If you were given a parenting time according to a parenting plan in the child's guardianship, then you can enforce that by filing a Family Access Motion. You can get assistance from counsel or go to the courthouse and ask the clerk to help you with the forms. By law, the clerk can somewhat... View More

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
Kristen Thurmond
answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son is in college. Wanted to know how to make a "formal request" for his transcripts/grades.

We need to know what is considered a "formal request" of our son for his college transcripts so we can verify the hours he is taking and the grades he is making meet the guidelines for us to continue to pay child support.

Kristen Thurmond
Kristen Thurmond
answered on Feb 13, 2020

There are two things to bring up when responding to this. The first is the literal answer. There is no formal method. You make a paper trail of asking. If you normally correspond by email, then request by email. You can send a certified letter asking for the transcript and grades to the child who... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can the non-custodial parent take the child without consent and i do not know the whereabouts of my child (Missouri)

I do not know the address as to where the non-custodial parent lives . & he refuses to bring my child back . Don’t even know if my child is ohkay or not . What can be done ?

Teresa Rieger Housholder
Teresa Rieger Housholder
answered on Feb 4, 2020

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

  Chapter 565

  565.153. Parental kidnapping — penalty. — 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child...
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1 Answer | Asked in Family Law, Personal Injury and Child Custody for Missouri on
Q: I want to sue for abuse of process

I was in a child custody case.

My husband passed away and his family legally by default got temporary custody and my daughter saying that I was a drug addict I was not a good mom because of my drug use. I had all clean UA's to clean hair follicles and they dismissed the case before... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 9, 2020

Contact an attorney in your area, put down a substantial sum, and go for it.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: im 22 dating a 17 year old in Missouri. my ex girlfriend is trying to say i cant see my kid if im with her. can he do th
Lydia Seifner
Lydia Seifner
answered on Nov 4, 2019

If you do not have a Declaration of Paternal Right established with the Court, then unwed fathers do not have rights to your child; and the mother may restrict your access to your child. Talk to an attorney local to you to assist you is legally declaring your paternal rights.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I'm still paying child support on a child that has turned 21, is there any way to get the money paid back?

My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my... View More

Kristen Thurmond
Kristen Thurmond
answered on Oct 17, 2019

Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can my 16 yr old refuse to come home and stay at his dad's? Or can I report him a runaway?

I have primary physical custody of our 16 yr old son. He went to his dad's for visitation and now refusing to come home. Can I report him as a runaway, even though I know where he's at?

Lydia Seifner
Lydia Seifner
answered on Sep 23, 2019

He would not be a runaway as he is with his other parent. But his father would be causing parental alienation and is in violation of the parenting plan by not returning him. Talk to an attorney local to you to assist in a family access motion.

1 Answer | Asked in Family Law for Missouri on
Q: I'm 16 in Missouri and can't find info on what warrants court ordered emancipation

I'm in a situation where I feel like I can provide for myself and I'm unsafe with my family members because my father is abusive and I personally am not safe with other family because of certain beliefs my entire family has. I have a little bit of video of my dad screaming insults and... View More

Lydia Seifner
Lydia Seifner
answered on Sep 3, 2019

You may qualify for emancipation if you can support yourself financially. However, if the situation is as severe as you say, you may want to call family services and inform them of your situation so you can be removed from the home. I would also encourage you to talk to your school counselor or a... View More

1 Answer | Asked in Family Law for Missouri on
Q: Ex refuses mediation and doesn’t think he needs to follow the rules since he is an attorney.

My ex-husband is impossible to coparent with. He is very vindictive and still angry that I left him after he assaulted me. I have been trying to discuss things with him like my son‘s preschool etc. because there are many things that I feel would be in the best interest of our son that he chooses... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2019

If you cannot convince your ex to act in the way you desire and you believe he is violating the judgment of dissolution or parenting plan, your only viable option is to hire an attorney. Your ex might practice in front of more than one of the judges on the court, but you could have taken an... View More

2 Answers | Asked in Criminal Law, Divorce, Family Law and Appeals / Appellate Law for Missouri on
Q: WAY TO MUCH FORUM WONT ALLOW

many more in adition to jan reports

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 26, 2019

Please clarify your question. I have not idea what you mean by "jan reports."

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2 Answers | Asked in Family Law and Child Support for Missouri on
Q: What does it mean, cause set for case review and trial setting. Does this mean I have to attend this court date.

Its pertaining to affidavit for termination of child support. I filed an answer objecting.

Lydia Seifner
Lydia Seifner
answered on Aug 13, 2019

If you are taking care of the case yourself, without an attorney, you must attend every court date.

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on
Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Kristen Thurmond
Kristen Thurmond
answered on Aug 12, 2019

If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... View More

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1 Answer | Asked in Family Law for Missouri on
Q: If a mother loses custody and a guardian is court appointed, can a blood relative ask the court for guardianship?
Kristen Thurmond
Kristen Thurmond
answered on Aug 12, 2019

Yes. Family is preferred by law. If the child is the custody of Children's Division or a similar agency, they usually contact relatives first for appropriate placement. If it looks like mother cannot reunify or the father cannot step up, then guardianship or adoption by a relative is preferred.

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Stepparent adoption?

The biological mom of my 2 daughters lost them to state in 2015 never did anything to get them back my husband and I got the kids and at that time he recieved full custody also, with the bio mom receiving 1 hour supervised visits a week and 2 phone calls. Well she has always been a heavy addict... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 12, 2019

This is something you'll need to consult with a local attorney about to see if judges in your area will modify the judgment. It sounds like you've already gotten everything you can from the court short. You would have to show some sort of detriment to the kids to get no contact between a... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Missouri on
Q: I and our 3 kids are dual UK-USA citizens. My wife is USA only. Can kids move to UK with me? If wife wishes to remain...

There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens... View More

Lydia Seifner
Lydia Seifner
answered on Aug 12, 2019

You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Can a mother continue to accept child support if the children are fully taken care of and live with the other parent?

My fiance has been paying child support for his 2 children while they have been living with him and are enrolled in school in his town. She lives in a different town with her new boyfriend, neither of them work. They only have the children on the weekends but the father has them all week, pays... View More

Lydia Seifner
Lydia Seifner
answered on Aug 9, 2019

Typically the paying parent can stop paying child support if the children change residences to live in the paying parent's care. You will have to contact Family Division Services, and may have to go through the court for a modification to have the support stopped entirely. However, if the... View More

1 Answer | Asked in Family Law for Missouri on
Q: My daughter has been trying to get ex-husband to change his weekend visitation with their 8-year old boy. He has not

answered or agreed. He has also refused visitation with his 16 year old daughter. Reason for changing weekends is to coordinate mother's weekends off with 8 -year old at her home - to be in her supervision. If ex-husband files for contempt hearing - can his lawyer represent him without his... View More

Lydia Seifner
Lydia Seifner
answered on Jul 24, 2019

Absent an agreement by both parties, you have to follow the parenting plan put in place by the court. If you need to change the parenting plan order long term, then you will need to file for a modification of the current order. Speak to an attorney local to assist you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?

Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Jul 19, 2019

To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Q: I married a woman 2 years ago who at the time had a 6 month old son who's father abandoned him. I want to adopt

The biological father has had nothing to do with my son so his mother only sees fit he wears our last name with the rest of his immediate family.

Lydia Seifner
Lydia Seifner
answered on Jul 15, 2019

Based on the information you've given, it sounds like you meet the criteria for a step-parent adoption. Talk to an attorney local to you to assist you.

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