Missouri Child Custody Questions & Answers

Q: Where do I go to get temporary custody of my son. My ex has him an he's not on the birth certificate.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
Who gave your ex temporary custody? If it was the Court, then you need to follow the Court's orders and make sure to attend all of the other appearances to work out the case. However, if there is no order regarding custody, and the two of you were unmarried at the time the child was born; then the mother is the only one with rights over the child. You can simply go and pick up your son.

Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and sometimes to the children themselves. Talk to an attorney in the county where the original judgment was filed to assist you.

Q: Is it illegal when a minor doesn't do any kind of schoolwork, and the parent doesn't do much about it?

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Lydia Seifner's answer
While parents not enforcing homework, is not illegal, or abusive; the rest of what you describe is abusive. Contact your local social services about the child's situation.

Q: Father willingly wanting to terminate rights?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Kristen Thurmond's answer
Contact an attorney to help you or look at the self representation forms on the Missouri courts website. A father cannot terminate his rights unless another individual is going to step in to take his place. He can agree to no custody and you can agree to no child support. However, it is in your child's best interests to receive support from both parents if they're physically able to contribute. That said, every situation is unique. Talk with an attorney in your area.

Q: Ex-wife, primary care parent, asked me to keep son "for a few months" while she goes to rehab. Grounds for full custody?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Kristen Thurmond's answer
You need to get an attorney immediately. The sooner you file, the sooner your child support obligations will stop or be retroactively stopped and the sooner you can get a new custody arrangement ordered by the court. Drug use is a very serious problem that judges will consider greatly when determining custody.

Q: Can someone file for Guardianship in a different county than where the original custody order was ordered in MO?

1 Answer | Asked in Child Custody for Missouri on
Answered on Jan 2, 2019
Kristen Thurmond's answer
Yes, someone can file a new case in the county where all the individuals, including the children, reside. It does not necessarily mean they will prevail, though. The issue of can the county take up a guardianship case when there's a pending motion to modify is an issue for the court to determine. However, you will want to make sure you consult with an attorney to make the best procedural arguments possible.

Q: My husband took my children out of state and is refusing to bring them back at agreed time. Is this legal?

1 Answer | Asked in Child Custody and Family Law for Missouri on
Answered on Dec 28, 2018
Lydia Seifner's answer
If you are still married and have not had a custodial arrangement declared by the court through a legal separation; then you both have equal access to the children, and he may move them out of state or refuse to return them as he wishes. Talk to an attorney local to you as soon as you can to discuss seeking a divorce or legal separation that will set up a custody arrangement.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.