Missouri Questions & Answers

Q: I have an issue I need an answer to. 3 years ago I gave temporary gardening ship of my son to his grandfather

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on May 26, 2017

You need to talk to an attorney immediately. It is my understanding that since you gave another person guardianship of your son, only that person has parental rights over your son until it is terminated. You may try to file a police report about the incident if it has not happened already or calling children's services and reporting the negligence. You need an attorney as soon as possible.
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Q: Is there such a thing as a postnuptial agreement? If so, what is its purpose?

1 Answer | Asked in Divorce for Missouri on
Answered on May 26, 2017

Post-nuptial agreements can be made so long as both parties are open about all assets they control or have rights to. The purpose of these agreements is to ensure that an asset, such as interest in a business owned by one spouse, does not get sold or divided as marital property in a divorce. So if Wife has her own business and Husband has his own business, the two can agree that each retains his or her own business without having to break up the other business to get their share or that the...
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Q: Hi my dog lost her rabies tag can she be charged with no tags even though I carry the papers with me.

1 Answer | Asked in Animal / Dog Law for Missouri on
Answered on May 25, 2017

Yes. Not having the physical tag on your dog is an ordinance violation in most cities. If your dog's tag falls off that easily, then you need a better metal ring/connector. However, in my experience, the rings that come with the rabies tags are more than sufficient. You are able to get replacement tags from your vet without having to bring the dog in, too. This type of charge is one that could be dismissed if it accompanied a more serious charge. However, it wouldn't be worth it financially to...
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Q: How can I stop someone from trying to get custody for me and my little brother?

1 Answer | Asked in Child Custody for Missouri on
Answered on May 24, 2017

This is a little complicated. The first thing I would do is figure out where you and your brother want to go. Do you want to go to your aunt's? Is your mother's place safe for you? If your aunt petitions the court for custody, you will get your own attorney called a Guardian ad Litem. You can tell that person everything about what's going on and what you want to have happen.

If you're not sure what to do, talk to a teacher or coach or counselor at school. They can try to help you, too.
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Q: Father was murdered while in custody in Missouri prison can they be sued for negligence and harassment from the guards?

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Rights for Missouri on
Answered on May 23, 2017

Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.
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Q: I have 2 separate illinois child support cases. Will Missouri use those cases to determine Support amounts

1 Answer | Asked in Child Support for Missouri on
Answered on May 23, 2017

Yes, to a certain degree, Missouri will use those amounts to determine any new amounts ordered in Missouri. Part of the child support calculations according to the Missouri Supreme Court Form 14. You are able to deduct all or part of any child support paid to other parents when calculating new child support. You will need to talk with an attorney about how child support is calculated because there are lots of credits, deductions, or additional expenses that can be used.
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Q: I have 2 issued U.S. utility patents and filed a 2nd CIP in Feb 2017.

1 Answer | Asked in Patents for Missouri on
Answered on May 22, 2017

This is a fairly common question facing US clients wanting to file the subject matter of CIPs in Europe. Unfortunately, issued European patents off a CIP are rare.

In your case, you could file a EU application claiming priority to the 2nd CIP, since it has been filed less than 12 months. However, you could not claim priority to any of the earlier applications, because, firstly they are not within the 12-month window (hence not complying with Art 87(1), and only the immediately...
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Q: does my step mom get everything

1 Answer | Asked in Estate Planning and Probate for Missouri on
Answered on May 22, 2017

You need to consult with a probate attorney in the state and county where your father lived at the time of his passing. Most every state has its own rules about spouse's shares of estates and what happens if someone doesn't update a will after a remarriage. The nature of how property was owned and titled will also impact things. (Joint ownership, etc.) In short, it is hard to say!

There is no 'simple' one size fits all answer. Seek local advice about your specific facts.

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Q: If a dog is found and the owner not located is there a law that requires the dog be placed in a rescue

1 Answer | Asked in Animal / Dog Law for Missouri on
Answered on May 22, 2017

I don't know that there is a law on it, but it is safer for the dog and community that the dog go to a shelter (preferably a no-kill shelter) or rescue. If the person who found it the dog wants to keep it, there's nothing saying he or she cannot keep the dog. Whatever happens, it's better that the dog not be left to roam and potentially cause issues or get hit by a car.
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Q: What legal rights does a person get from a paternity test if someone else is already on the birth certificate?

1 Answer | Asked in Child Custody and Family Law for Missouri on
Answered on May 22, 2017

When someone signs a birth certificate or some other legal document, that person has two years to determine whether or not the father is the biological father. After two years, there's nothing that person can do. However, if your biological father wanted to adopt you, then that would be the best way to fix your birth certificate. I'm not aware of any way for a child or adult petitioning to change the parents on the birth certificate.
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Q: A friend got a DUI - he is here on a student visa, will it get revoked?

2 Answers | Asked in Immigration Law for Missouri on
Answered on May 16, 2017

The Department of State published a memorandum in Fall 2015 that permits (or even encourages) visas to be revoked when someone has been arrested for DUI. So it's quite possible that the visa could be revoked. I would consult with an attorney who practices both immigration and criminal law.
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Q: I need help finding a lawyer in the state of MO who can help with my fathers probate estate, litagation,I am low income

2 Answers | Asked in Estate Planning and Probate for Missouri on
Answered on May 16, 2017

You will need to repost this question in the MO section of Justia. This is the Colorado section and a Colorado attorney cannot represent or provide advice in a state that they do not licensed to practice.
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Q: My ex has legal & physical custody & enrolled my son in several activities during my visitation times. What can I do

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on May 8, 2017

The immediate solution would be to file a family access motion so the court can speak with you and your ex about why the child is enrolled in activities that interrupt or prevent you from having your court ordered parenting time. However, that does not necessarily mean the child will not be enrolled in those activities anymore. You will want to talk to a family law attorney about the impact these activities have with your parenting time in the short term and long term.
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Q: When a parent sign their rights to the other parent can the parent with the rights file child support

1 Answer | Asked in Child Support and Family Law for Missouri on
Answered on May 8, 2017

There is no such thing as a parent signing his or her rights away. A parent can consent to have his or her rights terminated, which is done by either someone else adopting the child or the state terminates the parent's rights. If a parent agrees to not have any custody of the child, legal or physical, the parent with custody can and absolutely should file for child support. Child support is for the child. Both parents are obligated to support the child regardless of time spent with the child.
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Q: My daughter is a minor and she paid for a dog. Isn't illegal to a minor to buy a do in MO?

1 Answer | Asked in Animal / Dog Law for Missouri on
Answered on May 8, 2017

More than likely, yes. Depending on the amount, you may see if an attorney would be willing to write a demand letter if a personable approach does not work with the seller. However, if the price was low, then it may not be worth the effort to pursue.
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Q: Is there anything I can do to get my son and to keep him from bouncing from one place to another?

1 Answer | Asked in Divorce, Child Custody and Child Support for Missouri on
Answered on May 2, 2017

No attorney will speak with you while you're still represented. If you have an attorney, you need to talk with your attorney. Family law attorneys deal with these issues day in and day out. They tend to stay level headed and not lot the emotion of the case get to them until it's necessary, which is what makes a good family law attorney. Call your attorney to talk about their impression of the case and how you feel about your representation.
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Q: If a father has his daughter get adopted by a man that is dating his child's mom does he still have to pay child support

1 Answer | Asked in Family Law, Adoption and Child Support for Missouri on
Answered on May 1, 2017

If a child is adopted, then the previous parent's rights are terminated. Additionally, once a child becomes the legal child of a person that person becomes responsible for their care, custody, and support. Essentially, all obligations transfer to the new parent. However, it may be possible that any previous child support arrears or unpaid support may still be paid by the parent who accrued the arrears.

Just so you know, courts are hesitant to terminate a parent's rights and allow...
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Q: Is what my mum says disowning?And if so, is it legal to leave the house after being disowned?

1 Answer | Asked in Civil Rights, Family Law and Juvenile Law for Missouri on
Answered on Apr 28, 2017

Disowning a child and abandoning a child are legally different. If she stops providing you food or kicks you out of your home, etc., then you need to call local child protection services or the police. You can even tell a teacher or someone else your close with that you need help. Talk with your friends, too. It helps to talk to those close to you or in a position to help you.
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Q: My sister's boyfriend is threatening her and is abusive. What can I do to help her get safely out of the situation?

1 Answer | Asked in Family Law and Domestic Violence for Missouri on
Answered on Apr 28, 2017

Your sister has to want to leave. If you personally witness any physical abuse, you can call the police. Just know that if you report it and your sister does not want to leave, it could make things worse at home for her and the kids. Until your sister is prepared to leave, there is not much you can do besides talk with her and be supportive. If she is ready to leave, make sure she leaves with the kids. Set up a plan where to go, when to pack, when to leave, etc. This is exactly what domestic...
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Q: Moving to Illinois from Missouri with minor.

1 Answer | Asked in Family Law for Missouri on
Answered on Apr 28, 2017

If there is no court order of any kind for any thing, including child support, then you can move wherever you want. If you move, the father may file a paternity action asking for shared custody and parenting time, which could mean you have to move back to Missouri. That said, it is in your best interests to file a paternity action and ask for sole legal and sole physical custody of the child. You can do that after you move, but you'll need to wait six months to obtain residence for the child...
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