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Missouri Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Constitutional Law and Juvenile Law for Missouri on
Q: We want to go after restitution do we have a winning case?

DCFS caseworker xx did not follow, DCFS's procedure and protocol on the

removal of xx on 08.11.2021.

Thus, xx had no legal grounds to take the child. The police also stated in their

reports that it was determined that DCFS would be taking the child into their custody.... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you may have grounds for a restitution claim based on the information you provided. If the DCFS caseworker did not follow the required procedures and protocols, and if there was no imminent danger justifying the removal of your child without a warrant, this could be a violation of... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Missouri on
Q: Can CDS keep me from speaking with my childs doctor at a mental behavioral hospital. I am a non offending parent.

I have an ex parte and child protection order against my Childs mother. I've been in this now for 2 years because I asked for help from the court when my daughter ran away and was exhibiting harmful and dangerous behaviors. Prior to that I had joint custody as me being the primary physical... View More

James L. Arrasmith
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answered on Jul 27, 2024

No, Child Protective Services (CPS) cannot prevent you from speaking with your child's doctor at a mental behavioral hospital if you are the non-offending parent and have legal custody. Since you hold an ex parte and child protection order against your child's mother, you have legal... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Missouri on
Q: Can I represent my 17 year old son myself when he goes to court for truancy or do I have to hire an attorney?
James L. Arrasmith
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answered on Feb 24, 2024

Representing your 17-year-old son in court for truancy may not be the most advisable course of action. While it's understandable to want to support your child, legal proceedings can be complex and require a thorough understanding of the law. Without proper legal training and experience, you... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: (Details for everything) Can a 17yro, move out without being emancipated or employed legally?

background: Im 19 and my girlfriend is 17, we’ve been together since she was 15 and i was 17 and as soon as i turned 18 her dad died. her family life is rough and she wants to move in with me but her mom wont emancipate her or even let her get a job. (shes over controlling over what she does and... View More

James L. Arrasmith
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answered on Jan 30, 2024

No, generally a 17-year-old cannot legally move out without parental consent unless they are emancipated. Some things to consider:

• In most states, a 17-year-old is still legally considered a minor, meaning parents/guardians are still legally responsible for care and residency decisions....
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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Missouri on
Q: as a 17 year old, if i run away but have a stable income, house, and boyfriend. can they make me go home
James L. Arrasmith
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answered on Jan 4, 2024

In Missouri, as in many states, the age of majority is 18. This means that until you turn 18, you are considered a minor under the law, and your parents or legal guardians have certain rights and responsibilities regarding your care and custody.

If you choose to leave home before turning...
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1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: as the age of consent in Missouri is 17, can a 21 legally date and have sexual encounters with said 17 year old

could the 21 year old person have any sexual relations with someone of age 17 in Missouri without the possibility of legal repercussions

James L. Arrasmith
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answered on Dec 19, 2023

In Missouri, the age of consent is indeed 17. This means that individuals who are 17 years of age or older can legally consent to sexual activity. Therefore, a 21-year-old can legally engage in sexual relations with a 17-year-old without facing statutory rape charges, as the younger individual is... View More

1 Answer | Asked in Juvenile Law for Missouri on
Q: I'm 15 from Missouri and I like a 18 year old can I date him legally

Is it legal for a 15 year old and a 18 year old to date in the state of Missouri

T. Augustus Claus
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answered on Jul 6, 2023

In Missouri, the age of consent is 17 years old. This means that engaging in sexual activity with someone who is under 17 years old can potentially be considered statutory rape. However, dating or having a romantic relationship between a 15-year-old and an 18-year-old may not necessarily be illegal... View More

1 Answer | Asked in Juvenile Law for Missouri on
Q: Can my 17 year old move out with out permission with no stable place to go
Caroline Bundy
Caroline Bundy
answered on Jun 16, 2021

In Missouri, those children of the age of 17 are not considered runaways. Although what you've described may not be safe for the child, there is not much that can be done when a 17-year-old moves out of the home.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: Can I stay with a friend legally, while I'm trying to get myself emancipated.

I'm 16 and I'm currently trying to get myself emancipated without my dad's knowledge. My parents are divorced and my mom has agreed to give up her rights, but my dad is trying to keep us trapped here. He is a very unfit parent and let's his girlfriend control everything and they bully us constantly.

Caroline Bundy
Caroline Bundy
answered on Jun 10, 2021

To be eligible for emancipation in Missouri, you need to be able to support yourself financially and have a place of your own. That doesn't mean you cannot have roommates or live elsewhere, but you would have to show the court that you would be able to afford a home and have an income, etc.... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Missouri on
Q: I am wanting to file a petition for emancipation but I do not know where to start or even how to start.

My home life environment is not the most stable and I pay the rent and buy groceries while paying for my own phone service and needs. I have a job and make decent money at my job. I have been threated by my stepdad and have told my school and the cops when they were called on me when I tried to... View More

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

You would need to make sure that you have a place of your own to start. Parental consent to your emancipation helps, but it's not necessary.

1 Answer | Asked in Juvenile Law for Missouri on
Q: I am 17 years old and I was wondering what actions my mother could take if I left home without her permission.
Caroline Bundy
Caroline Bundy
answered on Feb 19, 2021

Do you mean with regard to discipline? The state offers quite broad protections for a parent to discipline as they see fit. If you were wanting to leave the house on a permanent basis and seek emancipation, then that is different.

2 Answers | Asked in Family Law, Adoption, Civil Rights and Juvenile Law for Missouri on
Q: My little sister is 17, she graduates early and wants to move in with me is that possible?

We were all adopted, her adopted family is horrible. There has been many wellness checks on her from me. Many DFS calls on the family so much stress she ran away and they brought her back. She is 17 she graduates early, and would like to live with me. I've contacted so many people and they... View More

Spencer Williams
Spencer Williams
answered on Feb 21, 2021

She can file a petition for emancipation. You can consider filing for guardianship of your sister as well.

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1 Answer | Asked in Domestic Violence, Family Law, Juvenile Law and Libel & Slander for Missouri on
Q: What should be included in a written submission to the child abuse and neglect review board to defend against false all?

How do I refute/overturn a preponderance of evidence that supports finding of neglect?

Shall I go about disproving what was recorded in their wildy false and egregious reports?

Or is there a specific rubric or factors that determine their decision?

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

In order to better advise you on your situation, I would need to know more information about the specifics of your case. I'd highly recommend retaining an experienced family law attorney for the matter.

1 Answer | Asked in Criminal Law and Juvenile Law for Missouri on
Q: My son is being accused of touching inappropriately his cousin, this supposedly happened 10-11 yrs ago at 10&14 yrs old
Steve D. Hardin
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Steve D. Hardin
answered on Sep 3, 2020

Your son needs to speak to a criminal defense attorney immediately. He should not speak to anyone other than his attorney or one that he is seeking to hire about this. Anything he says to anyone else may be used against him.

1 Answer | Asked in Education Law, Child Support and Juvenile Law for Missouri on
Q: Im 15yr,& i left school without my parents permission for 2 hrs for my bsf funeral, i came back can they send me to BCA?

It was maybe 2 hrs but i came back to school

Lydia Seifner
Lydia Seifner
answered on Nov 4, 2019

I'm not sure what BCA is supposed to be, but your parents are allowed to discipline you for leaving school without their permission if they so choose.

1 Answer | Asked in Adoption and Juvenile Law for Missouri on
Q: I'm seventeen years old and I was adopted by my grandparents but I want to move in with my mom can I do that?
Lydia Seifner
Lydia Seifner
answered on Jul 9, 2019

If your grandparents give you permission to move then you may, otherwise you will have to wait until you are eighteen.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on
Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

Currently a runaway.

Lydia Seifner
Lydia Seifner
answered on Apr 22, 2019

You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support...
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1 Answer | Asked in Juvenile Law for Missouri on
Q: Can police officers stop my 15 year old son's while walking home from school and start questioning them ?

They stopped them and another boy and were asking them all kinds of questions and accusing them of them of breaking into buildings and doing drugs. I was not notified nor was I present when the officers did this.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 14, 2019

yes

1 Answer | Asked in Divorce and Juvenile Law for Missouri on
Q: How can a woman that was married to a man for 8.5 years, marry again and give child first husbands last name?
Lydia Seifner
Lydia Seifner
answered on Mar 28, 2019

As long as you and the child's father are in agreement, you can give your child whatever name you want.

1 Answer | Asked in Juvenile Law for Missouri on
Q: Im 17 years old i live in missouri. What would happen or whT could my parents do if i leave home?
Lydia Seifner
Lydia Seifner
answered on Mar 24, 2019

If you leave home before you are 18, your parents could call the police and report you as a runaway. Once found you could end up in juvenile detention. You can become legally emancipated if you can financially support yourself. However, if you cannot obtain permission to leave home, and you... View More

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