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Missouri Child Custody Questions & Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on

Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?

Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... Read more »

Jennifer L. Rench answered on Jul 19, 2019

To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by agreement, it may... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on

Q: I married a woman 2 years ago who at the time had a 6 month old son who's father abandoned him. I want to adopt

The biological father has had nothing to do with my son so his mother only sees fit he wears our last name with the rest of his immediate family.

Lydia Seifner answered on Jul 15, 2019

Based on the information you've given, it sounds like you meet the criteria for a step-parent adoption. Talk to an attorney local to you to assist you.

1 Answer | Asked in Child Custody and Criminal Law for Missouri on

Q: Can my ex have custody papers served to me if I take him to court for no trespassing?

My ex has said he’s trying to serve me custody papers but I haven’t seen any papers. He recently had trespassed on my dads property, he’s terminally ill and doesn’t want him around and nor do I as I feel he is stalking me. Can my ex have child custody papers served if I take him to court... Read more »

Lydia Seifner answered on Jul 2, 2019

It's a little unclear if you are asking if you can be served at all, or if you can be served at court? The answer is yes to both. He cannot serve you directly, so even if you get an injunctive order against him to keep him off of your property, he can still have you served via a sheriff or... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: If baby has fathers last name. But parents are unmarried, what rights does he have?

Father was still married to someone else when my mom gave birth, his name is on birth certificate, but they were never married & have split up, does he have any rights?

Lydia Seifner answered on Jun 25, 2019

Unless the parents are married when the child is born, or they have had custodial rights assigned through the court, an unwed father has no rights to his children. Talk to an attorney local to you as soon as possible about seeking a paternity action to establish your legal rights regarding your... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on

Q: I reside in Missouri. by courts I'm the non custodial parent and court ordered to pay child support.

I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?

Lydia Seifner answered on Jun 25, 2019

Talk to an attorney local to you to assist you in a Modification right away.

1 Answer | Asked in Divorce and Child Custody for Missouri on

Q: My wife refuses to let me have the kids under the advise of her lawyer.

My wife has refused to let me see the kids for 9 days. She served me, and I'm in the process of getting a lawyer, but every lawyer in town had a week to 2 week wait to see them. My first appointment comes in 2 days. She claims she has the right to keep them indefinately until I have an order,... Read more »

Lydia Seifner answered on Jun 25, 2019

She's completely wrong. If the two of you are married, and there is no order dictating otherwise, then you have the same right to the kids as she does. You may see your kids whenever you wish.

1 Answer | Asked in Child Custody for Missouri on

Q: Non custodial parent is threatening taking me to court with some fraudulent text messages.

I have no idea where they came from as my message history doesn't show it and I would never say the things he is saying I said. Is there a way they can prove its fraudulent in court? I'm terrified.

Lydia Seifner answered on Jun 19, 2019

If he's basing his accusations on text messages, ask for copies. He will have to provide them to the court anyway to prove the text messages were sent and received.

1 Answer | Asked in Child Custody for Missouri on

Q: Can non custodial parent come and go as they please in Missouri?

I have physical custody with visitation to the father being every other weekend, holiday, and fathers day. Daughter will be 10 in September. Father has never followed schedule. He comes and goes at the last minute, usually once every other month, sometimes longer. Sometimes I cancel our plans and... Read more »

Jessica Emery answered on Jun 13, 2019

Your best option is to seek a modification of your parenting plan. Until your plan is changed, you both should be following its terms. In dealing with a sporadic parent, consider adding an "only if" clause to his time so that if he doesn't confirm by a certain time in advances he loses it for that... Read more »

1 Answer | Asked in Child Custody for Missouri on

Q: Confused on how custody judgment granted both sole and joint custody

Christopher Fink answered on Jun 11, 2019

In Missouri there are 2 primary categories of custody...physical and legal.

Physical custody deals with each parties "parenting time" with the child; or if Sole Physical Custody is granted, then the term "visitation" is used for the non-custodial parent's time with the child....
Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on

Q: I need to know how to change the venue or jurisdiction of my divorce with a minor from SD to MO?

Both my ex-husband and I have moved to MO. Need this changed so we can look into changing the custody arrangement and use DSS in MO to enforce child support. How do I start this process?

Jessica Emery answered on Jun 2, 2019

If you already have a divorce decree and you are looking to modify your parenting plan, you would need to register the South Dakota Judgment in Missouri and file a motion to modify. You should contact a lawyer to assist you. If you just need the child support enforcement moved, you can contact the... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on

Q: what if there was no court ordered visitation after the paternity and child support was ordered? She just stops visits

she allowed me to see him up until last November. Since then she has changed their residency several time along her contact information so i couldn't even check on my son or have any contact with him. She did finally did unblock me from fb messenger temporarily, She gave me her cell phone # and i... Read more »

Jessica Emery answered on May 30, 2019

It sounds like Paternity and Support were established through an FSD proceeding, but no parenting plan was put in place. If that is the case, even though paternity was established, you will have difficulty asserting any custody rights (legal custody or physical custody) without a custody judgment... Read more »

1 Answer | Asked in Child Custody and Divorce for Missouri on

Q: Got married in PR, husband’s in the Army in the states, but we want a divorce. Does it have to go through PR?

Husband is in the Army. He is stationed in the states. We got married in PR a few months ago. We have a daughter together.

Lydia Seifner answered on May 25, 2019

You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last... Read more »

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on

Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »

Lydia Seifner answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: Do I have a right to not send my kids back?

My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... Read more »

Lydia Seifner answered on May 21, 2019

You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.

1 Answer | Asked in Child Custody for Missouri on

Q: Me and my boyfriend had broke up and we have two kids together, he is abusive to me in many ways, and he wants my kids

Im scared he will take them and i wont see them anymore

Lydia Seifner answered on May 9, 2019

He has not rights to your children unless he has a paternity action, or Declaration of Paternal Rights awarding him those rights. That being said, he can pursue a paternity action at any time. You should speak to an attorney local to you to assist you in pursuing a paternity action that grants... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on

Q: Is a parenting plan still legally binding when child support continues into secondary education?

I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?

Lydia Seifner answered on May 3, 2019

Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: How do i keep my children away from their grandma while she is using meth ? My wife and I are separated ?

She has brain washed my daughter with her lies and starting to with my son!

Lydia Seifner answered on May 2, 2019

That depends a bit on if grandma is your mother or your wife's. If she is your mother, you are entitle to restrict your family's contact with your children as much as you wish. If grandma is your wife's mother, then short of an agreement by your wife, you will likely need to address it in a... Read more »

1 Answer | Asked in Child Custody for Missouri on

Q: Father moved out of state almost 4 years ago...child, 16, now states he want to move too.

Father moved out of state (800+ miles);didn't notify per statute as he stated he was not relocating child's residence;we have joint legal and physical custody. Filed a motion stating substantial change in circumstance due to his relocation and he can no longer exercise EOW and 1 day/wk visits &... Read more »

Jennifer L. Rench answered on Apr 14, 2019

As an attorney, I think there are lots of questions I would ask you before being able to really get an opinion. But before you jump into analyzing the custody factors, in a motion to modify you have to start with whether or not he can get his foot in the door - so to speak. The "8 factor test"... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Missouri on

Q: My fiancé’s kids’ father moved out of state and has not contacted them in months. Is this considered abondonment

My fiancé’s kids’ father moved to California 10 months ago (We live in Missouri) and has not spoken to them in 6 months. Is this considered a form of abondoment? If so, what steps can we take to terminate parental rights in order for me to adopt them? He “pays” child support (about $700)... Read more »

Lydia Seifner answered on Apr 3, 2019

You and the children's mother will need to be married for six months before you can seek adoption. After that, talk to an adoption attorney local to you to assist you.

1 Answer | Asked in Child Custody for Missouri on

Q: How can I do new custody agreement outside of court and then have it placed on record?

My Ex Husband has recently moved closer to my daughter and I and is wanting to have more time with her. I am willing to redo the visitation arrangement however I would like make up the parenting plan as well as conditions and submit it to the court for the record. We are trying to do this without... Read more »

Lydia Seifner answered on Mar 26, 2019

No, if you want an official, enforceable order from the court; you would have to file a Motion to Modify, and after your ex has been served, set a court for an uncontested trial in which one or both of you go in to confirm that you agree to the plan. You may, however, ignore all of this and... Read more »

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