Missouri Questions & Answers by Practice Area
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Missouri Questions & Answers
Q: When is the legal age to move out of parents home in missouri
Lydia Seifner's answer
A child may move out of his or her parents home when he or she reaches eighteen or becomes emancipated.
A child may move out of his or her parents home when he or she reaches eighteen or becomes emancipated.
Q: Can my fiance adopt my son?
Lydia Seifner's answer
Step-parent adoptions usually require the parents to have been married for six months first. Otherwise, you meet the requirements for adoption. Get married first, and then after six months, contact an adoption attorney in your area to assist you.
Step-parent adoptions usually require the parents to have been married for six months first. Otherwise, you meet the requirements for adoption. Get married first, and then after six months, contact an adoption attorney in your area to assist you.
Q: I am turning sixteen in a few weeks and i would like to know the soonest i can move out of my parents house
Lydia Seifner's answer
You can move out without their permission when you are eighteen. Otherwise you will need to become emancipated or have someone else file for guardianship over you.
You can move out without their permission when you are eighteen. Otherwise you will need to become emancipated or have someone else file for guardianship over you.
Q: Can my sons father take him from me with not having his own place nor car and living with a friend who does drugs?
Lydia Seifner's answer
Unless there is a court order granting the father visitation and or custody; an unwed father has no rights to the minor child, and cannot take the child out of your custody without your permission. If there is an existing court order, I encourage you to seek out legal assistance to file a Motion to Modify as soon as possible.
Unless there is a court order granting the father visitation and or custody; an unwed father has no rights to the minor child, and cannot take the child out of your custody without your permission. If there is an existing court order, I encourage you to seek out legal assistance to file a Motion to Modify as soon as possible.
Q: I bought some property when I was single, now I'm married. At my death does my property have to go threw probate?
Jennifer Sheila Kornblum's answer
Regardless of your marital status, if you have not named a beneficiary on your deed, your property will have to be probated on your death.
Regardless of your marital status, if you have not named a beneficiary on your deed, your property will have to be probated on your death.
Q: I’m selling my house, Ive had a water an fire claim both of which were fixed and repaired 100%, do I have to disclose?
Ronald J. Eisenberg's answer
You should. Even if fixed, those items might affect the value of the property. I filed just such a case for a lot of money.
You should. Even if fixed, those items might affect the value of the property. I filed just such a case for a lot of money.
Q: I received my dismissal letter for my Ch. 13 in June. I'm selling my house but the title co says termination in court
Timothy Denison's answer
If the dismissal order has been entered, you should be free to sell your house. No order needed.
If the dismissal order has been entered, you should be free to sell your house. No order needed.
Q: My sons father was recently released on bond from a detention center facing deportation, he is an illegal immigrant.
2 Answers
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Family Law, Immigration Law and Child Custody
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Missouri
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Answered on Aug 9, 2018
Answered on Aug 9, 2018
Lydia Seifner's answer
Unless the two of you are married, or have an existing court order, you are the only one with rights to the child; he can't take the child anywhere. Furthermore, it does depend a little upon the conditions of his release, but typically, if he has been released on bond, he won't be able to leave the state either.
Unless the two of you are married, or have an existing court order, you are the only one with rights to the child; he can't take the child anywhere. Furthermore, it does depend a little upon the conditions of his release, but typically, if he has been released on bond, he won't be able to leave the state either.
Q: Biological father took 16 year old daughter to get a tattoo without biological mother's consent no custody filed
Lydia Seifner's answer
While an unwed father does not have rights to a child without a custody orders from the court; the damage here is already done. You might be able to sue him for the costs of having the tattoo removed but otherwise I can't think of many other remedies in Missouri. If all the parties are in Colorado, then Colorado may have an additional remedy available; in which case you would need to speak with a Colorado attorney.
While an unwed father does not have rights to a child without a custody orders from the court; the damage here is already done. You might be able to sue him for the costs of having the tattoo removed but otherwise I can't think of many other remedies in Missouri. If all the parties are in Colorado, then Colorado may have an additional remedy available; in which case you would need to speak with a Colorado attorney.
Q: If 2 people have joint custody and 1 parent (pays support)gets higher paid job do they have to pay more in child support
Jennifer L. Rench's answer
In Missouri, a court would determine the presumed amount of child support by entering information on a Form 14 worksheet. There is information missing from your question that would be needed in order to determine the amount of child support.
For example, in some situations the child support calculation allows the payer to take a credit to lower child support based on the number of overnights the payer exercises with the child. Joint custody doesn't describe the number of overnights one...
In Missouri, a court would determine the presumed amount of child support by entering information on a Form 14 worksheet. There is information missing from your question that would be needed in order to determine the amount of child support.
For example, in some situations the child support calculation allows the payer to take a credit to lower child support based on the number of overnights the payer exercises with the child. Joint custody doesn't describe the number of overnights one...
Q: I live in Missouri. The father of my children is petitioning for joint custody. What is the chance I can get sole custoy
Lydia Seifner's answer
He cannot sign his rights over without someone else to take his place, like a step-parent adoption. However, the two of you can agree to an order for no child support, and no visitation, if that is what you both want. He can also dismiss his petition, if he desires. Talk to an attorney local to you about the process.
He cannot sign his rights over without someone else to take his place, like a step-parent adoption. However, the two of you can agree to an order for no child support, and no visitation, if that is what you both want. He can also dismiss his petition, if he desires. Talk to an attorney local to you about the process.
Q: My sister left her boyfriens last night and the cop told her since the baby was basically in his arms she couldnt
Lydia Seifner's answer
That's incorrect. If an unwed father has not be proven to be the father in court, then he has no rights to the child; only the mother does. While the police are very knowledgeable about what constitutes a crime, they tend to be lacking about civil matters. Your sister may claim her child, and if she needs law enforcement to escort her when she collects the child, it might be best to call the sheriff instead.
That's incorrect. If an unwed father has not be proven to be the father in court, then he has no rights to the child; only the mother does. While the police are very knowledgeable about what constitutes a crime, they tend to be lacking about civil matters. Your sister may claim her child, and if she needs law enforcement to escort her when she collects the child, it might be best to call the sheriff instead.
Q: Do my spouse and I need wills if we own our house jointly?
Lydia Seifner's answer
No, if you jointly bought the house, then you own the house in joint tenancy with rights of survivorship. So if one of you dies, then the other gets the house.
No, if you jointly bought the house, then you own the house in joint tenancy with rights of survivorship. So if one of you dies, then the other gets the house.
Q: Please interpret this for me....my ex and myself do not ageee on the meaning
Lydia Seifner's answer
It means the costs of college are based upon what is left to pay after scholarships and and grants are applied.
It means the costs of college are based upon what is left to pay after scholarships and and grants are applied.
Q: I received a MO speeding ticket for the first time in my life at age 34. I was told I was doing 70 in a 55.
Andrea Rogers' answer
If you pay the speeding ticket fine, points will be added to your driving record and your car insurance rates may increase. You can hire a traffic law attorney to get your ticket reduced to a non-moving, no-point violation such as "Illegal Parking" so that you won't have points added to your record and your insurance company will never know you got the ticket. You will have to pay a fine and court costs, but you won't have to appear in court, and the court will give you at least 30 days to pay.
If you pay the speeding ticket fine, points will be added to your driving record and your car insurance rates may increase. You can hire a traffic law attorney to get your ticket reduced to a non-moving, no-point violation such as "Illegal Parking" so that you won't have points added to your record and your insurance company will never know you got the ticket. You will have to pay a fine and court costs, but you won't have to appear in court, and the court will give you at least 30 days to pay.
Q: I am currently going through a debt management program, am I still able to declare bankruptcy
Cary Nathan's answer
Participation in a debt management program is never a bar, in and of itself, to seeking debt relief in bankruptcy. Whether or not the attorney fees may be paid in installments depends upon the policies of the individual attorney that you hire to represent you. I personally offer payment plans, but cannot speak for any other attorney.
Participation in a debt management program is never a bar, in and of itself, to seeking debt relief in bankruptcy. Whether or not the attorney fees may be paid in installments depends upon the policies of the individual attorney that you hire to represent you. I personally offer payment plans, but cannot speak for any other attorney.
Q: I am a Missouri resident needing a divorce but need to move right away to Oklahoma.
Jennifer L. Rench's answer
Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts equitably. More information would be needed about the 401(k) to determine if any part of it is marital property and if it is then we would look at the overall marital property picture to see how the marital property...
Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts equitably. More information would be needed about the 401(k) to determine if any part of it is marital property and if it is then we would look at the overall marital property picture to see how the marital property...
Q: can a sibling caregiver draw out all funds of an estate without another sibling executors knowledge in a willed trust.
Lydia Seifner's answer
You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your property, but whether you ask for it as a part of the estate or in a separate tort action, will depend on if the property has gone through probate yet.
You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your property, but whether you ask for it as a part of the estate or in a separate tort action, will depend on if the property has gone through probate yet.
Q: Aren't they supposed to give you a 30 day notice I am up to date on rent gave me a week's notice to vacate
Ronald J. Eisenberg's answer
The answer to your question depends on the lease term. Unless the lease states otherwise,if the lease term is set to expire on July 31, you must vacate by that date, regardless of notice time unless you wish to stay and the landlord accepts the August rent.
The answer to your question depends on the lease term. Unless the lease states otherwise,if the lease term is set to expire on July 31, you must vacate by that date, regardless of notice time unless you wish to stay and the landlord accepts the August rent.
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