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Missouri Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: How to legally adopt a stepchild in the state of Missouri??

I got pregnant at 16 with my oldest son. His bio father was high on drugs and refused to be in his life and isn’t on the birth certificate. He’s been an in and out father until he was 22 months. He will be 8 in September and his sperm donor is trying to come back in his life but barely. My sons... View More

Kelisen  Binder
Kelisen Binder
answered on May 2, 2024

You will need to contact an attorney that handles step-parent adoptions. You will have to file a petition in the county where you live, a guardian ad litem may be appointed and a home study may be necessary in order for the Court to grant your petition for step-parent adoption. You and your... View More

1 Answer | Asked in Family Law, Child Support, Small Claims and Child Custody for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Missouri on
Q: My friend who is 17 has been living with her mom. Her mom told us she could live with me. Then her grandpa takes her

Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More

James L. Arrasmith
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answered on Feb 24, 2024

In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My husband is making me leave our apartment and we have a 6 year old son who he refuses to set up a visitation schedule

He will not talk to me about it or agree to anything but just wants me out. He purposely makes it uncomfortable for me here hoping I'll go. I'm disabled due to a stroke some years ago and it's very unsettling.

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that your husband is not willing to discuss visitation arrangements for your son and is pressuring you to leave the apartment. As a parent, you have rights regarding custody and visitation, and it's essential to advocate for your son's well-being and your own rights.... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I am 16 and in DFS custody. I am still placed with my biological mother, but DFS refuses to remove me under any grounds.

I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent,... View More

James L. Arrasmith
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answered on Dec 6, 2023

Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I own a property with someone else neither him or I live in the home at the moment. Can i move in w/o legal consequence?

We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More

James L. Arrasmith
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answered on Dec 1, 2023

In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence, Criminal Law and Family Law for Missouri on
Q: Can my daughter leave Michigan, move to Missouri with her child, and file for divorce there?

My daughter currently lives in Michigan and wants to leave her husband and move to Missouri with her 18-month-old son to be near us. Her husband was arrested for criminal sexual conduct with a minor under 16, and there will be protection orders against him. There are no custody arrangements in... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry your daughter is going through this. Her safety and her child’s well-being are the top priority, and it’s understandable that she wants to move closer to family for support. You're doing the right thing by asking these questions before taking action, especially when... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Missouri on
Q: Pregnant, unmarried; father requests paternity test and threatens court in MO. What are my options?

I am pregnant, and the father has requested a paternity test out of jealousy. We are not married and will not be together. I am certain he is the father, but his mother has also asked if I would be okay to take a paternity test. He is threatening court action. I have no intention of keeping the... View More

James L. Arrasmith
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answered on May 15, 2025

You’re already carrying so much, and it’s understandable to want peace and clarity during your pregnancy. In Missouri, because you and the father are not married, he has no automatic legal rights until paternity is established. That means he cannot make decisions or seek custody or visitation... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Missouri on
Q: Legal implications for my daughter's 17-year-old boyfriend in Missouri regarding pregnancy and paternity.

My daughter is turning 16 and is pregnant by her 17-year-old boyfriend. We live in Missouri, and his mother claims that a lawyer has told her the boyfriend could face legal trouble once the baby is born, especially if paternity is established. There have been no legal issues or charges filed... View More

James L. Arrasmith
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answered on May 15, 2025

You’re facing a sensitive and emotional situation, and it’s understandable that you want to protect your daughter and her baby. In Missouri, the age of consent is 17, which means that while your daughter being 15 and her boyfriend 17 may raise concerns, these cases are often handled with... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Can morality or romantic partner clauses be added to a divorce agreement in Missouri?

Can morality and/or romantic partner clauses be included in a divorce agreement in Missouri? I want to ensure a stable environment for my children, ages 9 and 8, who struggle with change and grief. My spouse previously had a short-lived emotional affair and has been influenced by friends quickly... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, morality clauses—often referred to as "romantic partner clauses"—can be added to divorce agreements in Missouri. These clauses typically limit a parent from having romantic partners stay overnight while the children are present or from introducing new relationships to the... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Missouri on
Q: How is child support recalculated for one child after cessation for older child in Missouri?

In Missouri, when child support for my older child has ceased and the support is being recalculated for just my younger child, how is the amount determined? The non-custodial parent was supposed to have visitation every other weekend, some holidays, and every other week in summer, but this... View More

James L. Arrasmith
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answered on May 14, 2025

In Missouri, when child support for one child ends, the amount owed for the remaining child doesn’t just automatically adjust—it usually requires a formal review or modification. The recalculation takes into account both parents’ incomes, parenting time, health insurance costs, and other... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: Can I adopt or get visitation rights for my ex-girlfriend's son in Missouri?

I want to adopt my ex-girlfriend's son or at least get visitation rights. I've been taking care of him for three years, attending all his appointments and school events, and paying for expenses. Although she promises to let me keep seeing him, she takes him away whenever she's upset... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a heartbreaking situation, especially after forming such a strong bond with this child over several years. In Missouri, the law favors biological and legal parents when it comes to custody and visitation, but that doesn’t mean you’re powerless. If you can show that you’ve acted... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: Seeking help with custody and child support due to abuse by the father and changes in living situation in Missouri.

My children's father took me to court a few years ago, granting us joint legal and joint sole custody after holding my children from me for three years. My oldest son, who has experienced abuse, decided to stay with me last summer and no longer wishes to live with his father. Since then, his... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have the right to seek a modification of both custody and child support orders in Missouri when there is a substantial change in circumstances, especially when it involves abuse or a major shift in the child’s living arrangement. If your son has been living with you consistently and is no... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: How to remove ex-husband's name from child's birth certificate in Missouri after DNA test shows he isn't the father?

I am divorced, and my ex-husband is named as the father on my child's birth certificate. However, a DNA test conducted before our divorce was finalized showed he is not the biological father. He has not contacted us or seen the child for over 8 months, despite a divorce decree stating he is to... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Missouri, removing your ex-husband’s name from your child’s birth certificate requires a court order—especially since he is currently presumed to be the legal father. Even though the DNA test shows he isn’t the biological father, the law doesn’t automatically update documents or... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Legal options for 17-year-old wanting to live with grandmother due to mother's alcohol issues.

What are the legal options for my 17-year-old brother-in-law who has been living with my husband and me since June 2024 under a Power of Attorney (POA) due to his mother's alcohol issues? He wishes to live with his grandmother in New Mexico, and everyone has told us he can choose where he... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your situation, your 17-year-old brother-in-law does have the right to choose where he wants to live, especially since he is close to the age of majority in many states, including New Mexico. Since there is no formal custody arrangement and he has been living with you under a Power of Attorney... View More

1 Answer | Asked in Child Custody, Civil Rights, Juvenile Law and Social Security for Missouri on
Q: I'm 17 years old still living with my parents. I have a job, but going further than that in life has been a big problem

For me because my parents are highly restrictive and create random rules and live very selfishly. Long story short I want to leave. I'm pregnant and my boyfriend has a place and makes good money, but we can't get my parents support not Matter how hard we try. They won't even let me... View More

James L. Arrasmith
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answered on Dec 20, 2024

Your situation sounds incredibly challenging, and I understand why you're looking for a way forward. Being 17 and pregnant while dealing with highly restrictive parents must feel overwhelming, especially when they're preventing you from taking important steps like telling your... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My visitation with my children is not being honored. My complaint to the police went nowhere.

What can I do about her demands for money? She is letting me see them this weekend for the first time in two months but only if I send her 200$ cash. I think that’s horrible and my twin daughters are calling me everyday asking why I can’t pay mom more money so that they can come see me. How can... View More

Steve D. Hardin
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Steve D. Hardin
answered on Mar 6, 2024

You will have to take her back to court. The legal system is not self actuating and you have to bring a petition for family access and motion to modify to would likely be in order too. You need to speak to a family attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Do you legally have to do what a notarized agreement says? Or is it just a piece of paper?

The other parent does not want to abide by the agreement. The agreement has not went through court.

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.

You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with...
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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son goes to his dads house a few times a week overnight and my son says he doesn’t have a bed and sleeps on the floor

His dad also doesn’t do much for him when he is there. He makes other people take care of him like bathing him and feeding him.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

This may be useful evidence in a suit to modify the terms of your possession order. But be aware that what children say to their parent often ends up not being accurate for many different reasons and questioning children after they have spent time with their other parent can be viewed as a type of... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Do I have to answer my daughters fathers request for information
Steve D. Hardin
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Steve D. Hardin
answered on Aug 16, 2023

There is not nearly enough information to answer your question. It depends on the facts of your case and if there are previous orders. You should consult with an attorney.

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