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Missouri Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My child was born in Missouri. Is this considered his "home state?"
Caroline Bundy
Caroline Bundy
answered on Mar 12, 2021

Where is the child residing now? It's not the home state if he hasn't resided there for the past six months.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My child was born in Missouri. Not married. The mother took child to Louisiana. Where will I have to get lawyer.?

I want to file for custody. Which state will I have to file in?

Caroline Bundy
Caroline Bundy
answered on Mar 11, 2021

It should be filed where the child has resided, typically for the last six months.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: My boyfriend relapsed and we haven’t herd or seen him in over a week, we have two children together can I get fulcustody

Prior to this happening I was seeking information on getting full custody and applying for child support I’m a single low income mom now, not leaving any extra room for lawyer fees

Caroline Bundy
Caroline Bundy
answered on Mar 10, 2021

If you already have a custody order in place, you would want to seek a modification of it based on this change.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If it is strait 50/50 with both parents what is the advantage to have the primary address
Caroline Bundy
Caroline Bundy
answered on Mar 10, 2021

There is no advantage per se about being listed for residential and mailing purposes. It simplifies the process for the child and the parents to know what address should be listed for the child so important documents and notices aren't split between two addresses.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My child born in Missouri.Childs mother in Louisiana. Where will I have to get lawyer?
Caroline Bundy
Caroline Bundy
answered on Mar 10, 2021

Where does the child live?

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Where is custody hearing held if parents are in different states?

The child was born in Missouri.

Caroline Bundy
Caroline Bundy
answered on Mar 10, 2021

Is there a current custody hearing that is going to take place or are you speaking about one in the future? The petition should be filed in the "home state" of the child.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: If a Missouri case is in Division 35 would it be concerning custody or abuse?
Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

What county in Missouri?

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I send my affidavit via email in missouri Petition to proceed as a poor person
Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

You need to file your Petition to Proceed as a Poor Person via mail or in-person.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: how do i file for full custody and terminate his rights in missouri?

My childs father and i have been separated since 2013 he paid child support for a year or so then left the state and has not helped or seen her in the past 6 months. I august she called him for her birthday. hasn't heard from him since.

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Feb 1, 2021

The best way to modify custody would be to hire an attorney to help. Family law cases are not generally self help projects. I should note that while the court may be willing to give you sole legal and sole physical custody it will not absent serious abuse or neglect give terminate his parental... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Missouri on
Q: Could a parent change a visitation schedule for the best interest of the child?

The parent asked the other to postpone the normal visit due to child having had surgery and experiencing some complications but they just said No,the child will be fine with me.,(they were aware previously of the upcoming surgery)but isn't knowledgeable about how to take care of the child... Read more »

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

It's ill-advised to deny the other parent parenting time when there is currently an order in place. It would be best to reach out to an experienced family law attorney, who could potentially get you a temporary order altering parenting time while the child is recovering from surgery.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My child support is $134 a month, I make over $4000 a month, I just bought a house in the same gated lake community...

...where my daughter lives with her mother, step father, and his children with my ex.

I would like to get a court order for visitation, but I’m afraid I will get hit hard for more child support. My daughter needs braces and I can definitely afford that, but again, my court ordered... Read more »

Caroline Bundy
Caroline Bundy
answered on Jan 26, 2021

It may depend on which is a greater interest to you - keeping your child support low or making sure you have visitation. Often greater visitation closer to joint custody can lower your child support compared to less time, but it also depends on the other parent's income along with any other... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Who is the custodial parent?

We did a Pro Se divorce in Missouri earlier this year. We have joint physical and legal custody. The kids are with me 1 week and him the next. The address for school and as their residents is mine. So I am wondering who is considered the custodial parent those words are not used in the divorce... Read more »

Caroline Bundy
Caroline Bundy
answered on Jan 6, 2021

Correct, states like Missouri and Kansas don't list a parent as the "custodial" parent; they say that one parent's residence will be used for mailing and educational purposes. Neither parent is the custodial parent since you have joint legal and physical custody, but there is... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can the non custodial parent keep the child from the custodial parent?

My daughters dad has been refusing to give my daughter back. I am the custodial parent. Missouri Department of social service sent me papers stating I am the custodial parent. The cops where he lives refuse to help me.

Caroline Bundy
Caroline Bundy
answered on Dec 28, 2020

It depends on what reason dad believes he needs to refuse to return the child. Without that information, it is difficult to say but generally if his parenting time has ended and he has retained the child during your parenting time, that is not allowed. Although local law enforcement can enforce a... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Can my ex take me for child support even though she denied it when the divorce was finalized and we have joint custody.

My ex and I divorced in June of 2019, she and I agreed that b/c we both have joint custody of the kids there is no reason we need to pay child support. She has continuously threatened to take me for child support even though she denied it in front of the judge and now because she is unable to pay... Read more »

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Nov 30, 2020

Yes she can seek child support alleging a change in circumstance. You should speak to an attorney to discuss your options after a review of your case.

1 Answer | Asked in Child Custody for Missouri on
Q: My husband just went to jail on 3 felony charges. Can I get full custody of our children?

the felonies are 2nd degree assault on a special victim, harassment in the 1st degree, and fleeing from police in a vehicle

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Oct 5, 2020

Very possibly you could get full custody. That being said the details matter and you need to consult with an experienced divorce attorney.

1 Answer | Asked in Child Custody for Missouri on
Q: My ex has given birth recently. She refuses to let me know anything concerning our child what can I do
Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Oct 5, 2020

You will need to hire an attorney, file a paternity and child custody petition.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Missouri on
Q: Can a parents rights be terminated for abandonment if his checks are garnished for child support?

My daughter is almost 4 and her biological father hasn't been around since she was about 14 months old. I filed for child support after he told me he wasn't going to help out if he couldn't have me, but has not seen her at all. My husband has been around since she was a few months... Read more »

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Aug 17, 2020

No is the short answer. The long answer is that your husband can seek to do a step parent adoption of your daughter that would make him the legal father and terminate the parental rights of the biological father. Realistically you will need an attorney to help with this process.

1 Answer | Asked in Child Custody for Missouri on
Q: How do I get my case moved to the county where I got custody?

My mother is trying to get guardianship of my daughter in a different county.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 13, 2020

Ideally you'd hire an attorney to file a motion for change of venue.

1 Answer | Asked in Child Custody for Missouri on
Q: Is my son still eligible for child support?

My son will attend college. & has earned a scholarship that will probably cover all the costs of college

Rico Robinson
Rico Robinson
answered on Aug 12, 2020

Typically an obligation to pay child support support ends once the kid turns 18 in Missouri. However, there are some exceptions to this general rule, and attending college is one of them. In Missouri, if the kid enrolls in higher education, child support can run until the kid reaches the age of 21.... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What can I do if the mother of our unborn child refuses to let me have anything to do with our child and puts it a risk?

The Mother is now 11 weeks pregnant and I have evidence of her doing drugs and refusing to set up any appointments with a doctor for the child, also the mother is threatening to not let me see our child when he/she is born I am worried for our child's wellbeing and I would like to know what... Read more »

Rico Robinson
Rico Robinson
answered on Aug 10, 2020

First and foremost, I am sorry to hear that you are going through this. The law tends to make it more difficult for a father to establish his parental rights. The first thing you would need to do is establish the child's paternity. If you guys are married, Missouri assumes the child's... Read more »

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