First, your friend should have an attorney appointed to them that they can talk to about this. Second, this is really going to depend on the county involved. She needs to be participating at court and taking advantage of all the programs and services available to older kids/young adults in state...Read more »
This has come up in several of my cases where custody has to change for various reasons. Most of the time, the judges in the courts I practice in have determine it to be a credit towards the amount you owe. Since you stated there is $8000 in arrears, you would be "paying" the new amount...Read more »
Short answer is yes. Long answer is yes and Next Friend doesn't really mean that much in a custody proceeding. The Court will appoint a GAL if there is need for your children's interest to be represented in Court with the correct motion. Ultimately you need an attorney to help you with...Read more »
there was a call for domestic violence my friend went to jail and subsequently bonded out and there was a no contact order in place, he then got married to the alleged victim and now he's being held without bond due to the no contact order being violated
I am sorry but I only practice family law. Your question is a criminal law question. Despite the fact that your friend married the victim, whenever you have a question related to someone being sent to jail, and a bond, it is criminal law, not family law. The only exception would be...Read more »
My son started a custody case 6 months before he became extremely disabled due to MVA on New years eve. His attorney dropped his case for non payment while we were waiting on social security to start. I have guardianship and conservatorship of him now. Received a notice of court date for ptc for... Read more »
I am sorry that your family is experiencing something like this. It appears to be very strange that a judge would just enter a default judgment so abruptly like this. Are you sure that a court date or two was not missed? Normally, the court gives pro se litigants (individuals proceeding...Read more »
My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... Read more »
There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.
My fiancé moved out 8 years ago due to an abusive relationship. I’ve had full custody of our 4 kids ever since then. He made 3 years of payments on the house while we were together, but I’ve made the last 8 years of payments by myself. I’m wanting to sell my house and move soon. Is my ex... Read more »
There are a couple of considerations you need to make in order to answer your question. First, the loan you and your ex have is with the mortgage company. That lender is not invested in your personal situation and is just interested in 1) whether the mortgage payments have been made, and 2) that...Read more »
I recently split from my fiancé due to domestic violence and violence against our children. I allow supervised visits with a trusted family member. I also allow him to call them on the phone. He however will be moving into an apartment with his new girlfriend and wants overnight visits. Can I get... Read more »
You need to look into filing a paternity action as soon as possible if you don't already have a custody order in place. If there is one, then you need to be filing to modify it. If you have legitimate concerns about the kids' safety, you need to file for an order of protection. Consult an...Read more »
I have a 5 year old son. His mother and I share 50:50 custody. I live in southwest Missouri. She lives in northwest Arkansas. Legal orders for custody arrangements have never been a consideration until recently when a few things came to my attention:
This is going to be very dependent on the judge who entered the first order and how they handle modifications. You need to find an attorney who practices in the county where your custody order was entered to see what your options are.
Removing a guardian ad litem (GAL) is a difficult task if the case has been going on for a while. In the first few days of a GAL being appointed you can ask for a new one without cause. After that, you have to show good cause to have one removed. This means you have to show the judge that he or she...Read more »
If you already have a custody order in place, you will need to file a motion to modify your order to have the children live with you. You have to show a continuous and substantial or significant change in circumstances since the last order was entered. If you do not have a custody order, then you...Read more »
I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?
Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the...Read more »
My ex-wife and I have been divorced for over 10 years now and this has never been an issue until now. In the divorce degree it states she gets to use her address as the children main residence. Until recently she has lived 20 mins from me now she moved over an hour and 20 mins away and crossed in... Read more »
You need to consult with a family law attorney and have them review your parenting plan there maybe quite a lot that can be done. Do not wait as time may make it difficult or impossible to do anything.
My mother died almost 4 years ago and grandpa told me and my brother what we was to inherit and our children inherit. All of a sudden after hes gone the will is no where to be found my uncle wont talk to anykne. Noones allowed on the farm. Gramdpa told me that me and my btother would split our... Read more »
There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your...Read more »
they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.
There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an...Read more »
I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.
The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The...Read more »
I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... Read more »
It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.
Whether you hire an attorney to sue will depend largely on whether...Read more »
can it keep them from being placed with their biological father who is a deadbeat and will not take care of them and only wants them for my sister's social security? We have not yet found a will but still have some things to go through.
To get custody of the children you will need to file for a guardianship over the minors. If the father wants the children it would have to be a contested guardianship case. Either way you will need to hire an attorney.
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