Missouri Family Law Questions & Answers

Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on
Answered on Apr 22, 2019
Lydia Seifner's answer
You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support yourself, and your home is unsafe, then you need to contact social services so they can place you in a stable environment. If found as a runaway, before you engage with social services, you will either...

Q: How do I go about filling for a legal seperation

1 Answer | Asked in Family Law for Missouri on
Answered on Apr 16, 2019
Lydia Seifner's answer
To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.

Q: My fiancé’s kids’ father moved out of state and has not contacted them in months. Is this considered abondonment

1 Answer | Asked in Adoption, Family Law and Child Custody for Missouri on
Answered on Apr 3, 2019
Lydia Seifner's answer
You and the children's mother will need to be married for six months before you can seek adoption. After that, talk to an adoption attorney local to you to assist you.

Q: Can my ex stop me from taking our 8 year old son? We have been 50/50 for the past 7 years.

1 Answer | Asked in Family Law for Missouri on
Answered on Mar 23, 2019
Lydia Seifner's answer
That answer depends on whether you are the mother or the father. When a child is born outside of marriage, the only parent who has legal rights to the child is the mother. The law does that because we always know who the biological mother is, she is the person who gave birth to the child. The law presumes paternity in marriage, but outside of marriage, the courts can know for sure who is the father; and a DNA test does not establish legal rights. In order to establish a father's legal...

Q: Can a new order on another child be higher than an already existing order on the first child?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 21, 2019
Lydia Seifner's answer
The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your case that were not disclosed in your question, so I would encourage you to talk to an attorney local to you to discuss your case.

Q: Would income increase change the amount of CS if both parties had originally agreed on a set amount?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 21, 2019
Lydia Seifner's answer
The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.

Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on
Answered on Mar 20, 2019
Lydia Seifner's answer
If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the property withholding the children from you, the police probably won't be much help; at least not until after you've made and attempt to retrieve the children yourself.

Depending on your situation, you...

Q: legal name changes

1 Answer | Asked in Family Law for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
I am not aware of any way to do such a thing. Casenet generally is a record of what was filed in the case at the time of filing.

Q: Girlfriend signed an acknowledgement of her ex as father to her child, she now wants custody. What's the best approach?

2 Answers | Asked in Family Law and Child Custody for Missouri on
Answered on Mar 12, 2019
Lydia Seifner's answer
Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.

Q: 19 year old attending college has moved out of her mother's house who we are paying C.S. to, can we terminate?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 11, 2019
Lydia Seifner's answer
It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own, then you no longer owe child support to the mother. Contact an attorney local to you to be discuss your situation, and your options.

Q: Does Missouri recognize triparenting?

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Answered on Feb 25, 2019
Lydia Seifner's answer
While your roommate can assist you, and your boyfriend in raising the children, you cannot have have more than two legal custodians for a child.

Q: Our daughter been missing since 7-17-18. Her son has always lived with us. The other grandparents took him. Won't bring

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Feb 3, 2019
Christopher Fink's answer
You will need to file a Petition for Guardianship. The burden of proof will be on you to prove that both parents are unfit, unable and unwilling to provide for the child, which it sounds like you certainly can prove. Then the court considers the best interests of the child as to the proper guardian.

Q: My husband and his ex wife have joint custody over their children together. Can his Daughter live with us?

1 Answer | Asked in Child Custody and Family Law for Missouri on
Answered on Feb 3, 2019
Christopher Fink's answer
There are several factors the court will use in forming a parenting plan that is in the child's best interest, including the wishes of the child. There is not a statutory age in which a minor child gets to choose where she lives, however as the child matures, the Court will certainly consider the child's wishes and the reasons behind those wishes. So even though a 12 year old says they want to live with Parent A or Parent B, the more important question is what are the child's motivations to...

Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on
Answered on Jan 31, 2019
Lydia Seifner's answer
You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I would encourage you to speak to an attorney about seeking emancipation, if you've been supporting yourself for six months, you would qualify.

Q: My ex-husband and I have had an agreement in place for about a year with our now 2 year old son. I need too change it.

1 Answer | Asked in Family Law for Missouri on
Answered on Jan 28, 2019
Christopher Fink's answer
Yes you can have the court modify the existing judgment so long as there is a change in circumstances that is substantial and continuing. In order to do have a Judge consider changing the existing plan, you'll need to file a Motion to Modify. But it will take time to get a trial date and go through the litigation process.

Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Missouri on
Answered on Jan 28, 2019
Jennifer Sheila Kornblum's answer
I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.

Q: Mom wont take visits with kids!!!! Says a parent plan isnt a court order!!!

1 Answer | Asked in Family Law for Missouri on
Answered on Jan 10, 2019
Lydia Seifner's answer
You cannot force a parent who does not want to see the kids, to exercise his or her time with the children. However, if it becomes a recurring problem, you could file a modification to change the taxes and child support to reflect the current parenting time. If you choose to do that route, talk to an attorney local to you to assist you.

Q: My sons father pays child support threw the state. But has not seen my son in 3 years. Is that considered abandonment?

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
The first thing to do would be to ask the biological father if he would contest your husband's adoption of your son. If not, then an adoption would be very straightforward. If he would contest the adoption, then you a court would have to evaluate the strength or the parent -child relationship before making the decision to severe the biological father's paternal rights. Either way, talk to a family and adoption law attorney local to you to assist you in the process.

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: Family law Transportation custody Required living space and child support

1 Answer | Asked in Family Law for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
I'm sorry, this question is too vague. Without details about your situation, there is no way to answer your question.

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