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Missouri Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children

I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?

Kristen Thurmond
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Kristen Thurmond
answered on May 16, 2022

Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: I need to file a libel defamation of a minor case and I'm not sure where to find the forms needed. St Louis, MO

I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.

Where... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 23, 2022

The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My sister has full custody of her boys. She passed 2 weeks ago. If she left a will stating where she wants them to go,

can it keep them from being placed with their biological father who is a deadbeat and will not take care of them and only wants them for my sister's social security? We have not yet found a will but still have some things to go through.

Steve D. Hardin
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Steve D. Hardin
answered on Jan 4, 2022

To get custody of the children you will need to file for a guardianship over the minors. If the father wants the children it would have to be a contested guardianship case. Either way you will need to hire an attorney.

1 Answer | Asked in Child Custody for Missouri on
Q: In MO I have legal guardianship of my grandchild, how do I prove it is in the best interest for third party custody?

I have had guardianship for 2 years. The mother had substance abuse and has now been sober for about 10 months. She lives in Illinois and has changed addresses 4 times in the past year. She is always living with a new boyfriend. She does have a job but I do not see her living situation as... Read more »

Steve D. Hardin
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Steve D. Hardin
answered on Nov 2, 2021

This is not a self help project. You will need an attorney to help you.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Both parents are in jail need to get custody of grandchild

Please help us

Spencer Williams
Spencer Williams
answered on Oct 24, 2021

Consider filing a Petition for Guardianship and/or a Petition for Third Party Custody. I suggest discussing these options with an attorney in your area. Generally the Guardianship will be heard faster and there are options for emergency guardianship depending on the facts surrounding the... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: can i legally adopt a dad

i dont have one mine left for milk

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 13, 2021

What does it mean to leave for milk?

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams
answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams
answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Cant find wife and kids to serve her for custody and get temporary custody until court? What happens if we can't find h
Spencer Williams
Spencer Williams
answered on Jun 30, 2021

Try serving her at different locations. Suggest requesting and using a special process server. If you still cannot get her served, you can have her served by publication in a legal newspaper in the county where she resides.

2 Answers | Asked in Family Law and Child Custody for Missouri on
Q: How can I get rights to child I've had for 7 years without any contact from parents
Keya Reed
Keya Reed
answered on Jun 23, 2021

I agree with Caroline, there are a few options such as adoption, third-party custody, guardianship or the like. What’s best for your situation depends on the facts of your case and your ultimate goal. Contact a family law attorney to get more information.

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I was served paternity petition papers from father of my child. How do I respond? We're not married.

Baby born in Missouri

Lived there 4 months. Moved to another state.

Caroline Bundy
Caroline Bundy
answered on Jun 10, 2021

I would need to know some more information to know if the case was properly brought in whichever state it was filed. You need to make sure that you respond within 30 days (in a number of states, it's 21 days), or ask for leave to file out of time with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My husband is trying to lower his child support or sign his rights away, and I was wondering how much would it cost
Caroline Bundy
Caroline Bundy
answered on Jun 10, 2021

Do you mean how much it would cost to go to court? Unless there's someone there to adopt the child (or they are considered abandoned, etc.), the court will not terminate his rights just so he doesn't have to pay child support.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: Can I stay with a friend legally, while I'm trying to get myself emancipated.

I'm 16 and I'm currently trying to get myself emancipated without my dad's knowledge. My parents are divorced and my mom has agreed to give up her rights, but my dad is trying to keep us trapped here. He is a very unfit parent and let's his girlfriend control everything and they bully us constantly.

Caroline Bundy
Caroline Bundy
answered on Jun 10, 2021

To be eligible for emancipation in Missouri, you need to be able to support yourself financially and have a place of your own. That doesn't mean you cannot have roommates or live elsewhere, but you would have to show the court that you would be able to afford a home and have an income, etc.... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: What’s my rights as a grandparent
Melissa  Needle
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Melissa Needle
answered on Jun 2, 2021

Do Grandparents Have Visitation Rights? (Connecticut)

Yes, grandparents can petition the courts for visitation rights just as any third party. The courts will use the same standard of the child’s best interest to determine if the grandparents should have visitation rights. In order to be...
Read more »

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: I actually have 2 questions, but first why would my atty.not ever allow me in the court room?

My atty. My soon to be ex's atty. My spouse and G. A. l. are all present and my atty. Doesn't even tell me that court has started! I'm left in the hall!

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on May 22, 2021

You should ask your attorney because your attorney knows the answer.

I’m merely guessing. Perhaps the attorney didn’t want you there because you could have been called to testify. Perhaps the hearing was. It an evidentiary hearing.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can my boyfriends 17 year old choose to not come home for his scheduled visits per the divorce decree parenting plan?

He has been refusing to come to his dads house on the weeks that are ordered to him via the divorce decree. He has also been doing “virtual school” for the last three weeks and we have just found out he has turned in none of his school work and is now failing his junior year of highschool. Can... Read more »

Caroline Bundy
Caroline Bundy
answered on Apr 15, 2021

It'll be difficult for the court to enforce that the 17-year-old should be going between each parents. However, in an ideal world, the judge would tell the parent who had custody of the child to ensure that they return to the other parent.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What is the first procedures in custody case?

My attorney will not return calls. Just need to know where my case is at. Has been retained for 3 weeks.

Caroline Bundy
Caroline Bundy
answered on Apr 15, 2021

It depends on the specifics of your case, but there are a handful of initial documents that need to be drafted prior to filing the case. I'd continuing reaching out to your attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: How much child support would I receive from the father of my child that makes around $350,000 a year?

We aren’t married. We live together and are planning to separate. He is the father of my child. I have not worked in the last year because he didn’t want me to. I have no income.

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Apr 13, 2021

Details will matter such as how many children, the special needs of the children, insurance costs for the child, any work related child care costs, if the paying parent has any other child support.

In short you need to consult with a family law attorney about your case to get a reasonable...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Missouri on
Q: I am wanting to file a petition for emancipation but I do not know where to start or even how to start.

My home life environment is not the most stable and I pay the rent and buy groceries while paying for my own phone service and needs. I have a job and make decent money at my job. I have been threated by my stepdad and have told my school and the cops when they were called on me when I tried to... Read more »

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

You would need to make sure that you have a place of your own to start. Parental consent to your emancipation helps, but it's not necessary.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Mother left her daughter at the father's house she's doesn't want her to go back home. With custody

He gets her Wednesdays and every other weekend. And pays child support. She said she doesn't want her to live there anymore

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

Can you clarify what your question is?

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