Missouri Child Custody Questions & Answers

Q: my Husband has two children with ex gf and has joint custody.. He moved out of MO does this affect him?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Dec 28, 2018
Lydia Seifner's answer
If the visitation schedule has changed and the parties wish to have an modification on file with the court to reflect those changes, making them enforceable, they may do so with an uncontested Motion to Modify. But it's not necessary if both parties are in agreement.

Q: My sons mother and teacher are withholding educational information from me regarding my son, i have full rights to.

2 Answers | Asked in Child Custody for Missouri on
Answered on Dec 17, 2018
Kristen Thurmond's answer
One solution to the school issue is to call the school and ask about how to receive information directly from them as a parent who lives out of town. Most schools have online portals to view grades, correspondence, attendance, etc. At the very least, make sure you're receiving letters, notices, etc. by mail or email. It may mean you have to take a trip to the school with your judgment and ID card before you can speak to anyone, though.

As for other issues, it sounds like you need to...

Q: How long can a child custody case legally be continued in Missouri?

1 Answer | Asked in Child Custody for Missouri on
Answered on Dec 4, 2018
Lydia Seifner's answer
This question is a bit unclear.

If you are asking how long a parent can have legal custody of a child, then custody over a child continues until the child is eighteen. If a disabled, adult child requires care beyond the age of eighteen, then the matter should be addressed in probate court with an guardianship case.

If you are asking how long a case actually goes, then most courts will allow a case to be continued 3 times before they get fed up with it and set a final trial...

Q: What form to file if custodial parent leaves the state without notifying co-parent with no child care arrangements made?

1 Answer | Asked in Child Custody and Family Law for Missouri on
Answered on Nov 30, 2018
Kristen Thurmond's answer
This is going to depend on whether or not you have a court ordered parenting plan. If you do, immediately to file a motion to modify the judgment or prevent relocation of the child. If you do not, you need to file a petition to establish such a parenting plan. You will want an attorney to help you. These motions may be done pro se (try looking through the Missouri Courts website), but there's a lot of procedural and statutory requirements to them. Whatever, you need to make sure this is done as...

Q: Father has been absent for a year and a half due to failing to comply with the court order of a drug test.

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Answered on Nov 27, 2018
Lydia Seifner's answer
Considering that the father has been absent for so long, and did not comply with court orders, you may very well be able to get sole custody, especially if he continues to be absent and does not respond to the petition for custody.

Regarding your engagement, you and your new spouse will need to be married for six months before he is eligible to adopt the child.

Q: My child is 14 and wants to live with me but my exhusband has custody. The ex is willing to sign a Leage paper to revers

1 Answer | Asked in Child Custody for Missouri on
Answered on Nov 26, 2018
Lydia Seifner's answer
You will need to file for a Modification to change custody. If you both agree, then it will be a fairly simple and quick process. Contact an family attorney local to you to assist you.

Q: Denied access to children for six months, do I need to pay child support for missed time? (In Missouri)

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Answered on Oct 31, 2018
Kristen Thurmond's answer
If child support was ordered during the time you were denied access, then you must pay child support. Child support and parenting time are dealt with separately by courts. The reason why you were denied time may impact future time with your children. You need to find a local attorney to help you, even if it's just a paid consult to get you moving in the right direction.

Q: Can I leave Missouri after having my child here without being married but father on birth certificate?

1 Answer | Asked in Child Custody and Family Law for Missouri on
Answered on Oct 15, 2018
Kristen Thurmond's answer
Based on what you have stated, it seems like you have no obligation to stay in your current state. However, attempting to prevent the father from having a relationship with his child can cause problems for you. Once the child is born, father has every right file a paternity action to establish custody and parenting time and a judge may order the child to return to father's state with or without you.

Q: Grandfather and his fiance adopt his granddaughter. Adults split, granddaut. Is 2. Gfather wants gdaut.

1 Answer | Asked in Child Custody for Missouri on
Answered on Oct 5, 2018
Lydia Seifner's answer
The grandfather needs to contact a family attorney attorney local to him ASAP to discuss this case.

Q: I have sole and physical custody of my daughter who says she is moving with her mom in iowa without my permission

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Answered on Oct 2, 2018
Lydia Seifner's answer
Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not have to pay child support until a court changes the child support orders.

Talk to an attorney in the jurisdiction in which your orders were initially issues, unless your ex requests a...

Q: If im the Natural mother can i Take back physical custody of my Children After the COURT Awarded my mom guardianship?

1 Answer | Asked in Child Custody for Missouri on
Answered on Sep 26, 2018
Lydia Seifner's answer
You will have to file for and have the court order a termination of guardianship, first. Talk to a family attorney local to you to assist you.

Q: How long does it take to get guardianship of a child if there parent dies and the other parent hasn't been around ever

1 Answer | Asked in Child Custody for Missouri on
Answered on Sep 19, 2018
Lydia Seifner's answer
If he has received the paperwork and hasn't done anything to either approve or contest the guardianship, then ask for a Trial date and make sure he has notice of the court date. Then simply have a trial and see if he shows up. If he continues to ignore everything, then the judge will issue orders in your favor. Contact an attorney to assist you.

Q: If the other party won't set a court date to appear, and I've been waiting for 5 months, what should I do to get a date?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on Sep 18, 2018
Lydia Seifner's answer
Unfortunately, yes, a case can go on for months and years waiting on one party. The only thing you can do at this point is to keep asking for trial dates. Eventually the court will get tired of it and stop continuing it. In the until that time, you could ask for costs or enforcement of child support should they continue it again. Talk to an attorney local to you to assist you.

Q: I am currently in Missouri state moving back to North Carolina in a few weeks. Where do I need to do child custody at?

1 Answer | Asked in Child Custody for Missouri on
Answered on Sep 17, 2018
Lydia Seifner's answer
You and your husband will have equal rights to your children until a court orders otherwise, regardless of what state you are in. It is typically considered that a state has jurisdiction over children after they have been in the state for six months,

Q: My ex never brought my child back from a visit and got an OP on me, he's court ordered to pay CS. What can I do?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on Sep 13, 2018
Kristen Thurmond's answer
You need to seek the advice of local counsel. This is a serious issue and you need to go to court. Orders of Protection have two phases. An ex parte, where the filing party gets a temporary order based purely on the petition. Then there's a court hearing to determine if the order needs to become permanent, or what the court system calls "full" (Full Order of Protection). Go to the hearing with or without an attorney. Just because he has an order of protection against you, doesn't mean you don't...

Q: I've been a stay at home mom for 3 years.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Sep 10, 2018
Lydia Seifner's answer
First of all, don't ever be afraid to go to court. Secondly, it is unclear from your question what the current parenting orders may be, if you have never been to court regarding custody, and the two of you are unmarried, then you are the only one with rights to the child. If the two of you are currently married, then you have equal rights to the child; and if you have been to court previously, then you must follow the current court order. If the home is unsafe, and the current order allows...

Q: If I have a signed letter from my husband that my son will live full time with me in Ca. can he try to take him

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Sep 10, 2018
Lydia Seifner's answer
As you two are separated and did not go through court to decided upon a parenting plan, you both have equal rights to your son. Talk to an attorney as soon as possible to pursue a legal separation or divorce which will include a court enforceable parenting schedule.

Q: If the mother has started a custody order but there has been no court date yet, does the father have any rights?

1 Answer | Asked in Child Custody for Missouri on
Answered on Sep 7, 2018
Lydia Seifner's answer
No, not until temporary orders are issued by the Court.

Q: My ex has custody but my daughter lives with me. Can my ex just change her school without my permission?

1 Answer | Asked in Child Custody for Missouri on
Answered on Sep 4, 2018
Lydia Seifner's answer
It depends on who has legal custody of the child, if you have joint legal custody, your ex would need your permission; however if your ex has sole legal custody, then they may do change the child's school. It's strange that your ex has custody if the child lives with you, I would encourage you to speak to an attorney local to you about seeking a modification of your current orders to reflect you as the child's custodian.

Q: Mom: My daughter is 17 and no longer wants to go to her dads on his weekends. Do I have to make her?

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Aug 31, 2018
Lydia Seifner's answer
17 is a gray area. You must follow the court orders until the child is 18. However, if he wanted to file a family access motion to enforce visitation, or you wished to file a modification based upon their degrading relationship, then case may not get resolved until after the child turns 18, in which case it would be dismissed. It really depends on how likely he is to fight the matter and how long the child has before she turns 18. Talk to an attorney local to you to discuss your options.

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