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Missouri Family Law Questions & Answers

2 Answers | Asked in Family Law and Child Support for Missouri on

Q: What does it mean, cause set for case review and trial setting. Does this mean I have to attend this court date.

Its pertaining to affidavit for termination of child support. I filed an answer objecting.

Lydia Seifner answered on Aug 13, 2019

If you are taking care of the case yourself, without an attorney, you must attend every court date.

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1 Answer | Asked in Adoption and Family Law for Missouri on

Q: Stepparent adoption?

The biological mom of my 2 daughters lost them to state in 2015 never did anything to get them back my husband and I got the kids and at that time he recieved full custody also, with the bio mom receiving 1 hour supervised visits a week and 2 phone calls. Well she has always been a heavy addict... Read more »

Kristen Thurmond answered on Aug 12, 2019

This is something you'll need to consult with a local attorney about to see if judges in your area will modify the judgment. It sounds like you've already gotten everything you can from the court short. You would have to show some sort of detriment to the kids to get no contact between a parent and... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: If a mother loses custody and a guardian is court appointed, can a blood relative ask the court for guardianship?

Kristen Thurmond answered on Aug 12, 2019

Yes. Family is preferred by law. If the child is the custody of Children's Division or a similar agency, they usually contact relatives first for appropriate placement. If it looks like mother cannot reunify or the father cannot step up, then guardianship or adoption by a relative is preferred.

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on

Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Kristen Thurmond answered on Aug 12, 2019

If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... Read more »

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1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Missouri on

Q: I and our 3 kids are dual UK-USA citizens. My wife is USA only. Can kids move to UK with me? If wife wishes to remain...

There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens with UK... Read more »

Lydia Seifner answered on Aug 12, 2019

You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on

Q: Can a mother continue to accept child support if the children are fully taken care of and live with the other parent?

My fiance has been paying child support for his 2 children while they have been living with him and are enrolled in school in his town. She lives in a different town with her new boyfriend, neither of them work. They only have the children on the weekends but the father has them all week, pays... Read more »

Lydia Seifner answered on Aug 9, 2019

Typically the paying parent can stop paying child support if the children change residences to live in the paying parent's care. You will have to contact Family Division Services, and may have to go through the court for a modification to have the support stopped entirely. However, if the income... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: My daughter has been trying to get ex-husband to change his weekend visitation with their 8-year old boy. He has not

answered or agreed. He has also refused visitation with his 16 year old daughter. Reason for changing weekends is to coordinate mother's weekends off with 8 -year old at her home - to be in her supervision. If ex-husband files for contempt hearing - can his lawyer represent him without his... Read more »

Lydia Seifner answered on Jul 24, 2019

Absent an agreement by both parties, you have to follow the parenting plan put in place by the court. If you need to change the parenting plan order long term, then you will need to file for a modification of the current order. Speak to an attorney local to assist you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on

Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?

Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... Read more »

Jennifer L. Rench answered on Jul 19, 2019

To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by agreement, it may... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on

Q: I married a woman 2 years ago who at the time had a 6 month old son who's father abandoned him. I want to adopt

The biological father has had nothing to do with my son so his mother only sees fit he wears our last name with the rest of his immediate family.

Lydia Seifner answered on Jul 15, 2019

Based on the information you've given, it sounds like you meet the criteria for a step-parent adoption. Talk to an attorney local to you to assist you.

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: If baby has fathers last name. But parents are unmarried, what rights does he have?

Father was still married to someone else when my mom gave birth, his name is on birth certificate, but they were never married & have split up, does he have any rights?

Lydia Seifner answered on Jun 25, 2019

Unless the parents are married when the child is born, or they have had custodial rights assigned through the court, an unwed father has no rights to his children. Talk to an attorney local to you as soon as possible about seeking a paternity action to establish your legal rights regarding your... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on

Q: I reside in Missouri. by courts I'm the non custodial parent and court ordered to pay child support.

I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?

Lydia Seifner answered on Jun 25, 2019

Talk to an attorney local to you to assist you in a Modification right away.

1 Answer | Asked in Family Law and Child Support for Missouri on

Q: My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity

My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate... Read more »

Lydia Seifner answered on Jun 25, 2019

The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: Why does a mother get a free lawyer from the state in a paternity case and the father doesn't

Unmarried couple she filed for paternity the state went after her ex-husband so she put on the birth certificate so I filed for father paternity and they picked up her case and gave me a summons we have a hearing and a couple of days to establish paternity which I don't know why because we both... Read more »

Lydia Seifner answered on Jun 5, 2019

The mother does not get a free attorney. No one is automatically given an attorney in family court. It is most likely that she applied to and qualified for a Legal Services appointment.

1 Answer | Asked in Family Law and Child Support for Missouri on

Q: Can child support cont when child joins military and there's still arrears /back owed due in Missouri?

Child graduating high school, age 19, joining military a few months after that. Probably getting married too this year. Currently receiving child support which includes arrears. I'd imagine current would discontinue, but arrears would continue? Would it stay the same amount to take down the balance... Read more »

Jessica Emery answered on May 31, 2019

In Missouri, child support generally ends when the child turns 18, marries, or joins the military (among other events). There are exceptions to this rule that don't seem to apply in your circumstances, but can be found in RSMo 452.340.

The FSD website has the necessary Affidavit form for...
Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on

Q: what if there was no court ordered visitation after the paternity and child support was ordered? She just stops visits

she allowed me to see him up until last November. Since then she has changed their residency several time along her contact information so i couldn't even check on my son or have any contact with him. She did finally did unblock me from fb messenger temporarily, She gave me her cell phone # and i... Read more »

Jessica Emery answered on May 30, 2019

It sounds like Paternity and Support were established through an FSD proceeding, but no parenting plan was put in place. If that is the case, even though paternity was established, you will have difficulty asserting any custody rights (legal custody or physical custody) without a custody judgment... Read more »

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on

Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »

Lydia Seifner answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: Do I have a right to not send my kids back?

My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... Read more »

Lydia Seifner answered on May 21, 2019

You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.

1 Answer | Asked in Family Law for Missouri on

Q: I have joint legal custody of my son. He has autism and ADD and is on meds. His biological mother is refusing to

have him be seen by a psychiatrist. What are my rights and steps to pursue this. I just want him to be safe and followed appropriately as these meds are controlled substances. Thank you

Christopher Fink answered on May 20, 2019

If you have joint legal custody then you would already have the legal authority to schedule an appointment for your son. If you do not have this authority, then you would need to file a motion to modify to request the court review the situation. Perhaps you could simply ask the Mother to go to... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: Can I have my son put in some kind of a terment porgram for durgs? Even that I don't have cousty of him no one dose

He has live with his grandma most his life. Me and his mom had drug issues of or owe but I haven't used over 8 years don't want him to have to go trough the thing I did

Christopher Fink answered on May 20, 2019

If you do not have legal custody then you will not be able to put your son in rehabilitation. You could file a motion to modify custody and seek legal custody. Or you could ask the Children's Division to step in and do an investigation. However, there could be consequences once the juvenile... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on

Q: Is a parenting plan still legally binding when child support continues into secondary education?

I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?

Lydia Seifner answered on May 3, 2019

Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.

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