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Missouri Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I keep my ex’s gf away from our son if i have a recording of him saying how she has no desire to be his step-mother

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... Read more »

Neil Smith
Neil Smith 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.... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: 7 yr old son with my ex husband. How do I respond to a falsely accused interference with custody? My ex will not convers

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... Read more »

Neil Smith
Neil Smith 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... Read more »

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: We are married but separated (Missouri). Can he keep me from seeing my kid until we finish custody agreement??

He's had our son for a month without letting me have any sort of contact with him(he's 1) I haven't gotten any updates. My husband told me he moved 45 miles away from me but gave me no address. I've tried calling him and his family multiple times with no answer from anyone. Can... Read more »

Neil Smith
Neil Smith answered on Jun 2, 2020

Is your case pending? If so, he may have violated a local rule by relocating without providing you an address. If your case is pending you can file a temporary/PDL motion to get custody while your case is pending.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: i'm 14 and neither of my parents have sole custody of me, so can i live with either parent?

p.s. there is no court doc. saying who has full custody

Kristen Thurmond
Kristen Thurmond 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... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: Can my 16 yr old refuse paternal visitation due to his contentious relationship with his dad? We share joint custody.

We have share joint custody for 15 years following our divorce, but my son is upset over unhealthy relationships and conditions in the home. He recently opened up to me and expressed a lot of frustration. He actually had a break down from not being able to handle the situation any longer. He... Read more »

Jennifer L. Rench
Jennifer L. Rench answered on Apr 18, 2020

I understand this can be a difficult situation to navigate. Sometimes divorced parents can feel stuck between following a court order and supporting their child's wishes. This might be an excellent opportunity to use those co-parenting skills and have a conversation with your x-spouse. This... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: I have separated with my ex 2 weeks ago and she is bringing strange men around my daughter

2 weeks into separation, worried about strangers being around my daughter. She told me that one of them slept in her room, I have it recorded, is there an emergency way of getting a restraining order or full custody?

Kristen Thurmond
Kristen Thurmond answered on Mar 31, 2020

Unless something is happening to the kids, such as abuse or neglect, the Court will not entertain emergency orders. You may file for custody under a divorce or paternity action and establish a parenting plan and argue that the other parent does not have the child's best interests in mind.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Father of 15 month old child filed Paternity, Child Support, and Custody with courts. What is he going for?

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?

Steve D. Hardin
Steve D. Hardin 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can my 17 year old daughter choose which parent she wants to live with?

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?

Kristen Thurmond
Kristen Thurmond 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... Read more »

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... Read 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...
Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: In a Motion to Modify, does the original Petitioner/Respondent remain the same as the original divorce?

I recently filed a Motion to Modify for my previous divorce. I am representing myself and the response I received from my wife's attorney states her as the Petitioner and me and the Respondent. This is a little confusing for me as I am the one who filed the motion to Modify. However, she was... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 4, 2020

Yes, you remain labeled as the Respondent. You are modifying the original judgment where you were the Respondent so it stays the same. However, since you filed the motion to modify, you get to present evidence first. If she has an attorney, you may want to seek legal counsel for full or limited... Read more »

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... Read 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 Child Custody, Child Support, Civil Litigation and Civil Rights for Missouri on
Q: How long after everything is finalized do you have to comply with court orders?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

If you have an attorney, this is a question that you should direct to your attorney. In general, however, once an order is issued you must comply immediately unless the order provides a different date.

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 Child Custody and Divorce for Missouri on
Q: What steps do I need to take to start the divorce?

We have A two year old son, and the reason for the divorce is him committing adultery. We are both residing in two different states.

Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

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 »

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... Read 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... Read more »

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... Read 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... Read 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.

1 Answer | Asked in Child Custody and Criminal Law for Missouri on
Q: Can my ex have custody papers served to me if I take him to court for no trespassing?

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 »

Lydia Seifner
Lydia Seifner answered on Jul 2, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If baby has fathers last name. But parents are unmarried, what rights does he have?

Father was still married to someone else when my mom gave birth, his name is on birth certificate, but they were never married & have split up, does he have any rights?

Lydia Seifner
Lydia Seifner answered on Jun 25, 2019

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 »

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