The first step in the divorce process if figuring out what you want in the divorce, and what you expect your life to look like after the divorce. Then you file a petition for divorce, along with a proposed parenting plan, with the court and make sure he gets served with a copy of the petition....Read more »
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... Read more »
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 income...Read more »
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... Read more »
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 agreement, it may...Read more »
My ex has said he’s trying to serve me custody papers but I haven’t seen any papers. He recently had trespassed on my dads property, he’s terminally ill and doesn’t want him around and nor do I as I feel he is stalking me. Can my ex have child custody papers served if I take him to court... Read more »
It's a little unclear if you are asking if you can be served at all, or if you can be served at court? The answer is yes to both. He cannot serve you directly, so even if you get an injunctive order against him to keep him off of your property, he can still have you served via a sheriff or...Read more »
Unless the parents are married when the child is born, or they have had custodial rights assigned through the court, an unwed father has no rights to his children. Talk to an attorney local to you as soon as possible about seeking a paternity action to establish your legal rights regarding your...Read more »
I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?
My wife has refused to let me see the kids for 9 days. She served me, and I'm in the process of getting a lawyer, but every lawyer in town had a week to 2 week wait to see them. My first appointment comes in 2 days. She claims she has the right to keep them indefinately until I have an order,... Read more »
I have physical custody with visitation to the father being every other weekend, holiday, and fathers day. Daughter will be 10 in September. Father has never followed schedule. He comes and goes at the last minute, usually once every other month, sometimes longer. Sometimes I cancel our plans and... Read more »
Your best option is to seek a modification of your parenting plan. Until your plan is changed, you both should be following its terms. In dealing with a sporadic parent, consider adding an "only if" clause to his time so that if he doesn't confirm by a certain time in advances he loses it for that...Read more »
In Missouri there are 2 primary categories of custody...physical and legal.
Physical custody deals with each parties "parenting time" with the child; or if Sole Physical Custody is granted, then the term "visitation" is used for the non-custodial parent's time with the child....Read more »
If you already have a divorce decree and you are looking to modify your parenting plan, you would need to register the South Dakota Judgment in Missouri and file a motion to modify. You should contact a lawyer to assist you. If you just need the child support enforcement moved, you can contact the...Read more »
she allowed me to see him up until last November. Since then she has changed their residency several time along her contact information so i couldn't even check on my son or have any contact with him. She did finally did unblock me from fb messenger temporarily, She gave me her cell phone # and i... Read more »
It sounds like Paternity and Support were established through an FSD proceeding, but no parenting plan was put in place. If that is the case, even though paternity was established, you will have difficulty asserting any custody rights (legal custody or physical custody) without a custody judgment...Read more »
You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last...Read more »
Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »
My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... Read more »
You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.
He has not rights to your children unless he has a paternity action, or Declaration of Paternal Rights awarding him those rights. That being said, he can pursue a paternity action at any time. You should speak to an attorney local to you to assist you in pursuing a paternity action that grants...Read more »
I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?
Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.
That depends a bit on if grandma is your mother or your wife's. If she is your mother, you are entitle to restrict your family's contact with your children as much as you wish. If grandma is your wife's mother, then short of an agreement by your wife, you will likely need to address it in a...Read more »
Father moved out of state (800+ miles);didn't notify per statute as he stated he was not relocating child's residence;we have joint legal and physical custody. Filed a motion stating substantial change in circumstance due to his relocation and he can no longer exercise EOW and 1 day/wk visits &... Read more »
As an attorney, I think there are lots of questions I would ask you before being able to really get an opinion. But before you jump into analyzing the custody factors, in a motion to modify you have to start with whether or not he can get his foot in the door - so to speak. The "8 factor test"...Read more »
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