Lawyers, Answer Questions  & Get Points Log In
Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law for Missouri on
Q: Can DFS still have an open case against me 10 yrs after my daughter turned 18 and is now 25

She aged out of foster care at 18 and is now 25 no longer in the care of the state but still has it opened as unresolved and it's been 10 yrs.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

Based on the information provided, it seems highly unlikely that the Department of Family Services (DFS) would still have an open case against you 10 years after your daughter turned 18 and aged out of foster care. Here are a few key points to consider:

1. Age of majority: In most states,...
View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: A family member gaslighting me for 7 yrs now. What can I do to stop this?

This person has attacked me by every means possible. Through dfs to aging to Falsified police reports. There are 23 reports to police from me on the attacks. It has gone to pushing door open on me and assaulting me and disabled member. Two evictions in three months. Yet police do nothing. What do I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation with your family member. Being subjected to gaslighting, false allegations, and physical assaults over such a prolonged period must be absolutely traumatic and exhausting. You're wise to recognize... View More

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO APPEAR IN COURT FOR AN ORDER OF PROTECTION IN CASS COUNTY COURT ?

my legal husband received an order of protection from a relative of mine but is not sure how to make it to Cass County as he resides in Wyandotte County. The court date is March 6, 2024

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

If your legal husband has received an order of protection from a relative of yours in Cass County Court, it's essential to carefully review the documents provided to determine whether his appearance in court is required. Typically, orders of protection involve court hearings where both parties... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Missouri on
Q: My friend who is 17 has been living with her mom. Her mom told us she could live with me. Then her grandpa takes her

Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My husband is making me leave our apartment and we have a 6 year old son who he refuses to set up a visitation schedule

He will not talk to me about it or agree to anything but just wants me out. He purposely makes it uncomfortable for me here hoping I'll go. I'm disabled due to a stroke some years ago and it's very unsettling.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

It's concerning that your husband is not willing to discuss visitation arrangements for your son and is pressuring you to leave the apartment. As a parent, you have rights regarding custody and visitation, and it's essential to advocate for your son's well-being and your own rights.... View More

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
View More

1 Answer | Asked in Family Law and Probate for Missouri on
Q: Where do I find a joint petition to remove conservatorship now that my husband is no longer disabled

My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:

1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship....
View More

1 Answer | Asked in Gov & Administrative Law, Family Law, Civil Rights and Constitutional Law for Missouri on
Q: What can be done if you have been through your depositional and jurisdictional hearings without adequate counsel

I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.

First, consider discussing your concerns...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: I was ordered to pay child support. We got back together the child support stopped. We split up again 7 years later

I'm now 43000 behind in child support.

Wht are my options

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Child support obligations are typically determined by court orders based on factors such as income and financial circumstances. If you were previously ordered to pay child support and the obligation ceased when you got back together, it's crucial to understand that the court order remains in... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Can a divorce judgment be set aside, or retrial for excusable neglect based on Federal Rule 60

In a divorce judgment can respondent who was wrongly incarcerated, request to set aside a judgment in a divorce ,or ask for retrial, based on Missouri rule 74.06 using excusable neglect, by incorporating Federal Rule 60.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

Yes, it is possible to set aside a divorce judgment or request a retrial based on excusable neglect under Missouri law. Here are some key points:

- Missouri Supreme Court Rule 74.06 allows a party to seek relief from a final judgment or order due to mistake, inadvertence, surprise, or...
View More

1 Answer | Asked in Family Law and Divorce for Missouri on
Q: Can a divorce filing be thrown off docket if not pursued after 3 yrs. Are the initial court orders then dissolved?

My son's wife filed for divorce 3 yrs ago. He was ordered to pay for her lawyer $4000. He also had to get a lawyer for himself. The judged ordered him to pay his wife $1600/month, $800 for 2 kids and $800 for her, and make the payment on HIS house and he could not live there. He of course... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

In Missouri, if a divorce filing remains inactive for an extended period, it is possible for the court to dismiss the case for lack of prosecution. However, the dismissal of the case would not necessarily nullify the initial court orders, especially those related to child support, spousal support,... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri on
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Based upon the facts that you describe, it seems likely that your petition to intervene was denied because of a lack of standing in that you are not the children's legal grandparent. If so, an appeal will most likely be unsuccessful.

However, if the adoption is granted as expected,...
View More

View More Answers

2 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri on
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted.... View More

View More Answers

1 Answer | Asked in Family Law, Military Law and Child Support for Missouri on
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child

Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023

In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support.

However, the specific...
View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I am 16 and in DFS custody. I am still placed with my biological mother, but DFS refuses to remove me under any grounds.

I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I own a property with someone else neither him or I live in the home at the moment. Can i move in w/o legal consequence?

We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More

1 Answer | Asked in Family Law, Adoption and Civil Rights for Missouri on
Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa

Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.

Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.