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Missouri Child Custody Questions & Answers
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, 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

2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2023

I agree with Mr. Pennell about the dangers of co-signing.

For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd...
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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I hire a lawyer & have one on back with retainer. If I dont use my back up lawyer, do I get my retainer back?

Modify custody case

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

In Missouri, as in other states, a lawyer's obligation to return unused retainer fees to a client is guided by the state's rules of professional conduct, the specifics of the fee agreement you signed, and any applicable state laws or regulations.

According to Rule 4-1.16(d) of the...
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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Missouri on
Q: I have had a restraining order against my ex husband for the last 2 years, he keeps violating it

He just recently found out where we live and sent the police out here to do a health and welfare check on my daughter at midnight. I just want to protect myself and my daughter. Her last memories of him are from when he stole a car and wrecked it and left her locked inside of it. I need to find a... View More

Kristen Thurmond
Kristen Thurmond
answered on May 17, 2023

You cannot get a restraining order in MO for a child when there is a divorce decree with custody determinations in place because the divorce judgment has higher authority than an order of protection (what is referred to as a restraining order). You will need to register your divorce judgment in MO... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: A friend is in state custody (foster home) she’ll be 18 in March. They are wanting to move her again and she’s tired of

Moving and is thinking about running away. What can happen if she does run away

Kristen Thurmond
Kristen Thurmond
answered on Jan 16, 2023

First, your friend should have an attorney appointed to them that they can talk to about this. Second, this is really going to depend on the county involved. She needs to be participating at court and taking advantage of all the programs and services available to older kids/young adults in state... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can the father of my children be they're next friend if he's suing me for custody but I have the kids
Steve D. Hardin
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Steve D. Hardin
answered on Nov 21, 2022

Short answer is yes. Long answer is yes and Next Friend doesn't really mean that much in a custody proceeding. The Court will appoint a GAL if there is need for your children's interest to be represented in Court with the correct motion. Ultimately you need an attorney to help you with... 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.

1 Answer | Asked in Child Custody for Missouri on
Q: If you have a temporary custody order in one county than Can the noncustodial parent have the case moved to their county

If they get a restraining order against the other parent

Steve D. Hardin
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Steve D. Hardin
answered on Jul 10, 2023

You will need to speak to an attorney in person. Venue for a child custody proceeding can be complex and will take a review of the cases and facts before a reasonable answer can be given.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Is there anything I can do to get my son b back we had a apartment and everything they took him off of hear say

My son got took out of school on may 22nd saying child abuse because of my ex who called them I had a lil apartment and they still took him it was clean fridge we had food this happened a month ago he was put into foster care my brother has him now but I am still fighting to get him back I have... View More

Steve D. Hardin
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Steve D. Hardin
answered on Jun 26, 2023

You need an attorney. Who will be able to help you understand and prepare a defense to the allegations or help you convince the Court that your son should be returned to you. It is hard to say what you can do yourself as we cannot see the filings and allegations in the case. Please contact an... View More

1 Answer | Asked in Child Custody for Missouri on
Q: Who would have the child after 1 pm on Sunday after spring break?

Father has visitation rights from Wednesday at 7 pm to Saturday at noon. Mother has the other days. The mother has spring break in odd years, so 2023. Spring break, according to their parenting plan, is defined as "6 pm the day school dismisses until 1 pm the day before school resumes".... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

Mother under the language quoted.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Are hair follicles invasivebin child custody cases in missouri?

A judge went straight to hair follicle drug tests instead of the leastbintrusive method first.

Steve D. Hardin
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Steve D. Hardin
answered on Feb 16, 2023

No they are not invasive in a child custody case. Less invasive urinalyses do not give a history of drug or alcohol abuse so the courts often want a hair follicle test.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How can a judge enter a default judgment in custody case 5 days before pre trial conference?

My son started a custody case 6 months before he became extremely disabled due to MVA on New years eve. His attorney dropped his case for non payment while we were waiting on social security to start. I have guardianship and conservatorship of him now. Received a notice of court date for ptc for... View More

Cynthia W. Trice
Cynthia W. Trice
answered on Oct 15, 2022

Hi,

I am sorry that your family is experiencing something like this. It appears to be very strange that a judge would just enter a default judgment so abruptly like this. Are you sure that a court date or two was not missed? Normally, the court gives pro se litigants (individuals proceeding...
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1 Answer | Asked in Child Custody for Missouri on
Q: My son was to be home Sunday in custody papers what they say and he is refusing to bring him back how do I get him back?
Kristen Thurmond
Kristen Thurmond
answered on Aug 22, 2022

The first thing to do is try to text or email the other parent why he or she is refusing to return your child. If they do not respond, give a valid reason, or agree to return the kid promptly to you, then you can file a family access motion and what is known as a writ of habeas corpus if it appears... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can I get in trouble legally for not allowing unsupervised visits for my children. No court ordered custody at this time

I recently split from my fiancé due to domestic violence and violence against our children. I allow supervised visits with a trusted family member. I also allow him to call them on the phone. He however will be moving into an apartment with his new girlfriend and wants overnight visits. Can I get... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 10, 2022

You need to look into filing a paternity action as soon as possible if you don't already have a custody order in place. If there is one, then you need to be filing to modify it. If you have legitimate concerns about the kids' safety, you need to file for an order of protection. Consult an... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Is full custody worth pursuing?

I have a 5 year old son. His mother and I share 50:50 custody. I live in southwest Missouri. She lives in northwest Arkansas. Legal orders for custody arrangements have never been a consideration until recently when a few things came to my attention:

1) I have received photos from her... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 10, 2022

This is going to be very dependent on the judge who entered the first order and how they handle modifications. You need to find an attorney who practices in the county where your custody order was entered to see what your options are.

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