Missouri Questions & Answers by Practice Area
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Missouri Questions & Answers
Q: IS IT LEGAL FOR ME TO MOVE MY CHILDREN TO ANOTHER STATE , WITH WHAT I THINK IS GOOD CAUSE.
Lydia Seifner's answer
If you have no court order for custody, you each have equal rights to the children. So you may move with them, but she may also come and reclaim them. Talk to an attorney local to you about getting a legal separation with temporary custody.
If you have no court order for custody, you each have equal rights to the children. So you may move with them, but she may also come and reclaim them. Talk to an attorney local to you about getting a legal separation with temporary custody.
Q: I have been trying to find an attorney to help with my situation. I am seeking emergency custody of my granddaughter.
Lydia Seifner's answer
You will need to seek guardianship over the child. Some counties will have forms for child guardianship on their websites, but it is best to talk to an attorney local to you to assist you,
You will need to seek guardianship over the child. Some counties will have forms for child guardianship on their websites, but it is best to talk to an attorney local to you to assist you,
Q: I just found out I was pregnant. My boyfriend wants to apply for a visitor Visa. Which Visa app should he apply for
Carl Shusterman's answer
Need more facts to answer your question. Are you a US citizen? Are you and your boyfriend planning to get married? If so, are you going to sponsor him for a green card?
Need more facts to answer your question. Are you a US citizen? Are you and your boyfriend planning to get married? If so, are you going to sponsor him for a green card?
Q: If a 17 year old moves out against parents wishes, what can she legally take with her?
Lydia Seifner's answer
Until she is 18, she does not have a legal right to leave against your wishes. That being said, even if she were 18, she would only have a legal claim to her clothing and toiletries, items she purchased, or items that were given to her as a gift. She would not be able to take furniture or bedding that belongs to the home.
Until she is 18, she does not have a legal right to leave against your wishes. That being said, even if she were 18, she would only have a legal claim to her clothing and toiletries, items she purchased, or items that were given to her as a gift. She would not be able to take furniture or bedding that belongs to the home.
Q: If a person receives a ticket and the officer puts down the wrong make of vehicle, does it get dismissed on that grounds
Andrea Rogers' answer
No, a speeding ticket is not going to be dismissed just because there is an error on the face of the ticket regarding the make of vehicle. All errors can be corrected by the police officer or prosecutor prior to the court date.
No, a speeding ticket is not going to be dismissed just because there is an error on the face of the ticket regarding the make of vehicle. All errors can be corrected by the police officer or prosecutor prior to the court date.
Q: Do I need to get custody of my grandson if I have had him since birth, his father has never paid child support
Lydia Seifner's answer
If he was never declared the legal father by a Court, he has no say over the child now. However, you should still obtain a guardianship over your grandson if you have not already, which will allow you to get a passport for him. When your grandson turns 18, he is the only one with access to the funds his mother has left him, the father will never have legal access to your grandson's inheritance.
If he was never declared the legal father by a Court, he has no say over the child now. However, you should still obtain a guardianship over your grandson if you have not already, which will allow you to get a passport for him. When your grandson turns 18, he is the only one with access to the funds his mother has left him, the father will never have legal access to your grandson's inheritance.
Q: We purchased a house back in October of 2017. Soon found out that the garage floods. Nothing in disclosure about this.
Ronald J. Eisenberg's answer
Failure to disclose cases are difficult, because you must prove that the seller knew of the problem. They might have known, but what is your proof that they knew? The fact that they carried flood insurance is not proof that the garage flooded and that they knew it.
If you can overcome these hurdles and are willing to invest in a lawsuit, you could assert a claim under Missouri's consumer protection statute, the Merchandising Practices Act.
Best wishes.
Failure to disclose cases are difficult, because you must prove that the seller knew of the problem. They might have known, but what is your proof that they knew? The fact that they carried flood insurance is not proof that the garage flooded and that they knew it.
If you can overcome these hurdles and are willing to invest in a lawsuit, you could assert a claim under Missouri's consumer protection statute, the Merchandising Practices Act.
Best wishes.
Q: Husband pays child support for daughter but does not have a custody agreement & mom wont let us see her. What can we do?
Kristen Thurmond's answer
If father wants parenting time, he needs a court order that establishes a parenting plan in Missouri. Only the father can petition for it. Mother is not obligated to send a child to another state if nothing has been ordered. It is not clear who you are referring to as "we" in your question and as such I want to emphasize that only the father can petition for this. If he's not going to cooperate or be prepared to come to Missouri for court, then do not waste your time and money on it.
If father wants parenting time, he needs a court order that establishes a parenting plan in Missouri. Only the father can petition for it. Mother is not obligated to send a child to another state if nothing has been ordered. It is not clear who you are referring to as "we" in your question and as such I want to emphasize that only the father can petition for this. If he's not going to cooperate or be prepared to come to Missouri for court, then do not waste your time and money on it.
Q: Need help with appealing a eviction judgement that was unlawful
Ronald J. Eisenberg's answer
I am sorry that a judgment for possession was entered against you. You have not given any explanation as to why you believe the judgment was "unlawful." Regardless, I suggest you begin making quick plans to vacate if there has not yet been an execution. You could contact legal services in your area, but realize that it is not easy to find free representation, especially if an appeal to the court of appeals is necessary.
The fact that you and your sons are disabled is sad and I...
I am sorry that a judgment for possession was entered against you. You have not given any explanation as to why you believe the judgment was "unlawful." Regardless, I suggest you begin making quick plans to vacate if there has not yet been an execution. You could contact legal services in your area, but realize that it is not easy to find free representation, especially if an appeal to the court of appeals is necessary.
The fact that you and your sons are disabled is sad and I...
Q: I was stopped for speeding, and I did not have insurance. The sheriff told me I had 24 hours to bring proof to him.
Andrea Rogers' answer
The prosecutor has up to 1 year from the date of the incident to file charges against you. So, if the police officer wants to, he has 1 year to issue a ticket for speeding (2-3 point ticket) and a ticket for driving without insurance (4-point ticket). Your license can also be suspended for driving without insurance.
The prosecutor has up to 1 year from the date of the incident to file charges against you. So, if the police officer wants to, he has 1 year to issue a ticket for speeding (2-3 point ticket) and a ticket for driving without insurance (4-point ticket). Your license can also be suspended for driving without insurance.
Q: How long do I have to wait to take back my house?
Ronald J. Eisenberg's answer
Depends on whether the drug dealing occurred at the residence and whether your lease addresses the situation. You cannot simply move them out. It takes a court judgment. If the dealing occurred from the residence, you could file for an expedited eviction. Contact a local landlord-tenant attorney.
Depends on whether the drug dealing occurred at the residence and whether your lease addresses the situation. You cannot simply move them out. It takes a court judgment. If the dealing occurred from the residence, you could file for an expedited eviction. Contact a local landlord-tenant attorney.
Q: If there is no court custody for two kids the mom has one dad has the other if dad leaves state with the one child with
Lydia Seifner's answer
If the parties were not married when the child was born, then dad has no rights to the child, and mom is the sole legal decision maker and custodian. She can call the police and report a parental kidnapping.
If the parties were not married when the child was born, then dad has no rights to the child, and mom is the sole legal decision maker and custodian. She can call the police and report a parental kidnapping.
Q: If i get divorced does it affect my green card status?
Carl Shusterman's answer
It depends. What is your present "green card status"? 10 year green card? 2 year green card? Pending application for green card? How did you obtain a green card?
It depends. What is your present "green card status"? 10 year green card? 2 year green card? Pending application for green card? How did you obtain a green card?
Q: Quickest and easiest way to transfer ownership of real estate
Jennifer Sheila Kornblum's answer
Generally speaking, a Quitclaim Deed would be the simplest way to transfer your interest in real estate.
Generally speaking, a Quitclaim Deed would be the simplest way to transfer your interest in real estate.
Q: Hi my nephew lives in Colorado with his parents and he is 16 and wanting to leave and come live with me in Missouri.
Lydia Seifner's answer
No, he will have to be emancipated or have his parents' permission to live with you. If you believe his parents are unwilling or unable to care for him, you can seek a temporary guardianship over him, but that will have to be done in Colorado.
No, he will have to be emancipated or have his parents' permission to live with you. If you believe his parents are unwilling or unable to care for him, you can seek a temporary guardianship over him, but that will have to be done in Colorado.
Q: my gf of 12 years just came to my house after agreeing to let me have my son for the summer and took him.
Lydia Seifner's answer
If you don't currently have a court order for custody and visitation, then she can deny you time when ever she wants. You should talk to an attorney local to you as soon as possible about seeking a Paternity action or a Declaration of Paternal Rights, so your time with your son is enforceable and not solely up to her discretion.
If you don't currently have a court order for custody and visitation, then she can deny you time when ever she wants. You should talk to an attorney local to you as soon as possible about seeking a Paternity action or a Declaration of Paternal Rights, so your time with your son is enforceable and not solely up to her discretion.
Q: What are my options?
1 Answer
| Asked
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Family Law, Child Custody and Child Support
for
Missouri
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Lydia Seifner's answer
It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is likely to keep custody the same. As far as child support goes, you must pay child support whether she is directly caring for the child or not. So long as she has legal residential custody, you must...
It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is likely to keep custody the same. As far as child support goes, you must pay child support whether she is directly caring for the child or not. So long as she has legal residential custody, you must...
Q: My daughter wants time with her dad, but not spend a lot of extra time with only his girlfriend. Daughter is 8
Lydia Seifner's answer
Your daughter cannot make the decision to not go; however if the week was an extra visitation and not part of the custody agreement, then you can deny the time on her behalf.
Your daughter cannot make the decision to not go; however if the week was an extra visitation and not part of the custody agreement, then you can deny the time on her behalf.
Q: Need to move out of MO for work with my 14 mo old. No custody agreement with dad, never married. Have to send cert lett?
Kristen Thurmond's answer
If there is no court ordered plan in place, you are not obligated to give notice when relocating with your child. However, concealing your child may be considered parental kidnapping or cause other problems if he does file for paternity later. Let him know you're moving.
If there is no court ordered plan in place, you are not obligated to give notice when relocating with your child. However, concealing your child may be considered parental kidnapping or cause other problems if he does file for paternity later. Let him know you're moving.
Q: I was granted custody of my daughter until she turns 18. Can she move out without my permission when she turns 17.
Kristen Thurmond's answer
Legally, she is unable to move out or do anything until she is 18 in Missouri. She cannot sign a lease or enter any sort of contract. You can also report her as a runaway.
However, just because you can legally do something does not mean it must be done. There is a reason your 17 year old wants to move out and her grandparents are encouraging it. I do not know the specifics of what is going on or where your daughter intends to move, but the best thing you can do is talk to her to...
Legally, she is unable to move out or do anything until she is 18 in Missouri. She cannot sign a lease or enter any sort of contract. You can also report her as a runaway.
However, just because you can legally do something does not mean it must be done. There is a reason your 17 year old wants to move out and her grandparents are encouraging it. I do not know the specifics of what is going on or where your daughter intends to move, but the best thing you can do is talk to her to...
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