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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Both parents are in jail need to get custody of grandchild

Please help us

Spencer Williams
Spencer Williams answered on Oct 24, 2021

Consider filing a Petition for Guardianship and/or a Petition for Third Party Custody. I suggest discussing these options with an attorney in your area. Generally the Guardianship will be heard faster and there are options for emergency guardianship depending on the facts surrounding the... Read more »

1 Answer | Asked in Estate Planning and Family Law for Missouri on
Q: When my mother passes, she is leaving her home to my brother and I. He will likely move in. How is this preventable?

My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2021

There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: can i legally adopt a dad

i dont have one mine left for milk

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to leave for milk?

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Family Law for Missouri on
Q: We have 3 kids, 10, 7, 4 years old, we are married, I haven't worked for 5 years to stay with kids.

We didn't really lived together for the last 5 years, he would visit, because he has a business abroad, and he would come and go every month or two weeks. Now we moved all together to Missouri, but he hasn't given me any money since May 2021, and I have been using my personal savings for... Read more »

Spencer Williams
Spencer Williams answered on Sep 24, 2021

If you have been in Missouri for at least 90 days, you can file a Petition for Dissolution or Legal Separation with the court and after your spouse is served with the Petition and accompanying documents then request temporary (also called Pendente Lite or PDL) Orders be entered regarding custody,... Read more »

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: Can I file a motion to dismiss an ex parte?

My ex filed one last month I showed up to court and she didn't the judge dropped it... 2 days later I get served again for the exact same thing... this is harassment not the other way around...

Kevin Wayne Puckett
Kevin Wayne Puckett answered on Aug 19, 2021

Yes, you can file a motion to dismiss. However, file a motion to dismiss does not guarantee the Judge will dismiss it. You will need to show up to the hearing prepared to defend against the ex-parte, and ask the Judge if your can argue your filed motion to dismiss first.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Cant find wife and kids to serve her for custody and get temporary custody until court? What happens if we can't find h
Spencer Williams
Spencer Williams answered on Jun 30, 2021

Try serving her at different locations. Suggest requesting and using a special process server. If you still cannot get her served, you can have her served by publication in a legal newspaper in the county where she resides.

2 Answers | Asked in Family Law and Child Custody for Missouri on
Q: How can I get rights to child I've had for 7 years without any contact from parents
Keya Reed
Keya Reed answered on Jun 23, 2021

I agree with Caroline, there are a few options such as adoption, third-party custody, guardianship or the like. What’s best for your situation depends on the facts of your case and your ultimate goal. Contact a family law attorney to get more information.

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1 Answer | Asked in Family Law for Missouri on
Q: I was never married to the biological father. I have been letting them see him until things regarding their situation

That made me uncomfortable for my child. Is there anything they can do to try and take him from me or force shared custody.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

He can seek a paternity action to obtain joint custody of the child.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I was served paternity petition papers from father of my child. How do I respond? We're not married.

Baby born in Missouri

Lived there 4 months. Moved to another state.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

I would need to know some more information to know if the case was properly brought in whichever state it was filed. You need to make sure that you respond within 30 days (in a number of states, it's 21 days), or ask for leave to file out of time with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My husband is trying to lower his child support or sign his rights away, and I was wondering how much would it cost
Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

Do you mean how much it would cost to go to court? Unless there's someone there to adopt the child (or they are considered abandoned, etc.), the court will not terminate his rights just so he doesn't have to pay child support.

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.... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: I was served paternity papers in Louisiana. From Missouri. How do I respond?
Keya Reed
Keya Reed answered on Jun 5, 2021

You will need to file an answer to the petition within 30 days after receiving service. I would suggest that you find an attorney in Missouri to help with this matter or file pro se if you are comfortable. The state of Missouri has documents available online if you choose to represent yourself.

1 Answer | Asked in Family Law for Missouri on
Q: How do I respond to served paternity petition?

Not married to father of child. He served me with paternity petition.

Keya Reed
Keya Reed answered on Jun 5, 2021

You will need to file an answer to the petition within 30 days after receiving service. I would suggest that you find an attorney in your area to help with this matter or file pro se if you are comfortable. The state of Missouri has documents available online if you choose to represent yourself.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: What’s my rights as a grandparent
Melissa Jill Needle
Melissa Jill Needle answered on Jun 2, 2021

Do Grandparents Have Visitation Rights? (Connecticut)

Yes, grandparents can petition the courts for visitation rights just as any third party. The courts will use the same standard of the child’s best interest to determine if the grandparents should have visitation rights. In order to be...
Read more »

1 Answer | Asked in Family Law for Missouri on
Q: In Missouri with joint custody 50/50 ive been claiming kids on taxes every year i make 20,00 a year he makes 85,000

We are going back for a Modification for parenting plan with I still get to claim kids

Spencer Williams
Spencer Williams answered on May 17, 2021

The presumption in the Missouri Form 14 child support calculation is the parent receiving support receives the deductions. If you are receiving support the court would have to find a reason why the support calculation is “ unjust and inappropriate” to award the paying parent the deduction. It... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can my boyfriends 17 year old choose to not come home for his scheduled visits per the divorce decree parenting plan?

He has been refusing to come to his dads house on the weeks that are ordered to him via the divorce decree. He has also been doing “virtual school” for the last three weeks and we have just found out he has turned in none of his school work and is now failing his junior year of highschool. Can... Read more »

Caroline Bundy
Caroline Bundy answered on Apr 15, 2021

It'll be difficult for the court to enforce that the 17-year-old should be going between each parents. However, in an ideal world, the judge would tell the parent who had custody of the child to ensure that they return to the other parent.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What is the first procedures in custody case?

My attorney will not return calls. Just need to know where my case is at. Has been retained for 3 weeks.

Caroline Bundy
Caroline Bundy answered on Apr 15, 2021

It depends on the specifics of your case, but there are a handful of initial documents that need to be drafted prior to filing the case. I'd continuing reaching out to your attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: How much child support would I receive from the father of my child that makes around $350,000 a year?

We aren’t married. We live together and are planning to separate. He is the father of my child. I have not worked in the last year because he didn’t want me to. I have no income.

Steve D. Hardin
Steve D. Hardin answered on Apr 13, 2021

Details will matter such as how many children, the special needs of the children, insurance costs for the child, any work related child care costs, if the paying parent has any other child support.

In short you need to consult with a family law attorney about your case to get a reasonable...
Read more »

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