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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can the father of my children be they're next friend if he's suing me for custody but I have the kids
Steve D. Hardin
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Steve D. Hardin
answered on Nov 21, 2022

Short answer is yes. Long answer is yes and Next Friend doesn't really mean that much in a custody proceeding. The Court will appoint a GAL if there is need for your children's interest to be represented in Court with the correct motion. Ultimately you need an attorney to help you with... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Missouri on
Q: need cases to cite concerning no contact order violation because they got married and now he's being held wo bond

there was a call for domestic violence my friend went to jail and subsequently bonded out and there was a no contact order in place, he then got married to the alleged victim and now he's being held without bond due to the no contact order being violated

Cynthia W. Trice
Cynthia W. Trice
answered on Oct 17, 2022

Hi,

I am sorry but I only practice family law. Your question is a criminal law question. Despite the fact that your friend married the victim, whenever you have a question related to someone being sent to jail, and a bond, it is criminal law, not family law. The only exception would be...
Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How can a judge enter a default judgment in custody case 5 days before pre trial conference?

My son started a custody case 6 months before he became extremely disabled due to MVA on New years eve. His attorney dropped his case for non payment while we were waiting on social security to start. I have guardianship and conservatorship of him now. Received a notice of court date for ptc for... Read more »

Cynthia W. Trice
Cynthia W. Trice
answered on Oct 15, 2022

Hi,

I am sorry that your family is experiencing something like this. It appears to be very strange that a judge would just enter a default judgment so abruptly like this. Are you sure that a court date or two was not missed? Normally, the court gives pro se litigants (individuals proceeding...
Read more »

1 Answer | Asked in Contracts, Family Law, Foreclosure and Real Estate Law for Missouri on
Q: Does he have any rights to my house? Should I file a lien and how much does that cost?

My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.

1 Answer | Asked in Family Law and Real Estate Law for Missouri on
Q: My spouse moved out of our home 8 years ago and I never removed them from the title. Is he entitled to any proceeds?

My fiancé moved out 8 years ago due to an abusive relationship. I’ve had full custody of our 4 kids ever since then. He made 3 years of payments on the house while we were together, but I’ve made the last 8 years of payments by myself. I’m wanting to sell my house and move soon. Is my ex... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 3, 2022

There are a couple of considerations you need to make in order to answer your question. First, the loan you and your ex have is with the mortgage company. That lender is not invested in your personal situation and is just interested in 1) whether the mortgage payments have been made, and 2) that... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can I get in trouble legally for not allowing unsupervised visits for my children. No court ordered custody at this time

I recently split from my fiancé due to domestic violence and violence against our children. I allow supervised visits with a trusted family member. I also allow him to call them on the phone. He however will be moving into an apartment with his new girlfriend and wants overnight visits. Can I get... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

You need to look into filing a paternity action as soon as possible if you don't already have a custody order in place. If there is one, then you need to be filing to modify it. If you have legitimate concerns about the kids' safety, you need to file for an order of protection. Consult an... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Is full custody worth pursuing?

I have a 5 year old son. His mother and I share 50:50 custody. I live in southwest Missouri. She lives in northwest Arkansas. Legal orders for custody arrangements have never been a consideration until recently when a few things came to my attention:

1) I have received photos from her... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

This is going to be very dependent on the judge who entered the first order and how they handle modifications. You need to find an attorney who practices in the county where your custody order was entered to see what your options are.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How to remove/replace the current guardian at litem in our case doesn't seem to have her clients best interest in mind

Seems to be siding with the person who is under investigation for not protecting her child.

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

Removing a guardian ad litem (GAL) is a difficult task if the case has been going on for a while. In the first few days of a GAL being appointed you can ask for a new one without cause. After that, you have to show good cause to have one removed. This means you have to show the judge that he or she... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My two boys is mother custody of my boys she has them living with her brother she's not stable how do I get custody

She's been in trouble for not having them in school she's on drugs and more

Kristen Thurmond
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Kristen Thurmond
answered on Aug 10, 2022

If you already have a custody order in place, you will need to file a motion to modify your order to have the children live with you. You have to show a continuous and substantial or significant change in circumstances since the last order was entered. If you do not have a custody order, then you... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children

I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?

Kristen Thurmond
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Kristen Thurmond
answered on May 16, 2022

Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: Family law. Issues with which address the children live at.

My ex-wife and I have been divorced for over 10 years now and this has never been an issue until now. In the divorce degree it states she gets to use her address as the children main residence. Until recently she has lived 20 mins from me now she moved over an hour and 20 mins away and crossed in... Read more »

Steve D. Hardin
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Steve D. Hardin
answered on May 3, 2022

You need to consult with a family law attorney and have them review your parenting plan there maybe quite a lot that can be done. Do not wait as time may make it difficult or impossible to do anything.

1 Answer | Asked in Family Law and Probate for Missouri on
Q: My grandpa past away last august and all of a sudden his will was changed and his son got everytjing which is not

My mother died almost 4 years ago and grandpa told me and my brother what we was to inherit and our children inherit. All of a sudden after hes gone the will is no where to be found my uncle wont talk to anykne. Noones allowed on the farm. Gramdpa told me that me and my btother would split our... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Mar 28, 2022

There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your... Read more »

2 Answers | Asked in Employment Law and Family Law for Missouri on
Q: Are companies required to pay by law if you are off with COVID and unvaccinated. Vaccinated people get paid if off.

they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2022

There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... Read more »

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1 Answer | Asked in Family Law for Missouri on
Q: what does it mean when you can have one week that doesnt exceed 10 overnights when attached to regular scheduled time?
Spencer Williams
Spencer Williams
answered on Feb 22, 2022

Typically this would be a part of a summer vacation schedule and I am assuming that the normal schedule consists of an alternating weekend schedule.

A parent can designate a seven day period and attach that to their weekend at the start or end of the one week vacation period thereby...
Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: I need to file a libel defamation of a minor case and I'm not sure where to find the forms needed. St Louis, MO

I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.

Where... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 23, 2022

The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Libel & Slander for Missouri on
Q: Should this be small claims, which state to file if so?

I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 18, 2022

It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.

Whether you hire an attorney to sue will depend largely on whether...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My sister has full custody of her boys. She passed 2 weeks ago. If she left a will stating where she wants them to go,

can it keep them from being placed with their biological father who is a deadbeat and will not take care of them and only wants them for my sister's social security? We have not yet found a will but still have some things to go through.

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Jan 4, 2022

To get custody of the children you will need to file for a guardianship over the minors. If the father wants the children it would have to be a contested guardianship case. Either way you will need to hire an attorney.

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: we live in mo. our daughter was murdered in 2020. we were awarded guardianship. father unfit. how can we get their child

support to start coming to them.

Spencer Williams
Spencer Williams
answered on Nov 22, 2021

The most economical option would be to discuss the issue with the Family Support Division and see if they can file to establish or modify the support order to direct to you. If they are unable to help you can file a Petition for Third Party Custody and Support with the County in which the child... Read more »

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Which parent is responsible for school morning drop off in this scenario?

One day a week, the father picks up children in the evening and drives them to his home about one hour away. The next morning, he wants me to pick them up from his home one hour away, take them to school one hour away from there, then I have to drive about one hour to work. Court order says his... Read more »

Spencer Williams
Spencer Williams
answered on Nov 5, 2021

From the description you would be the receiving parent. All the time in a given day needs to be accounted for between each parent (the school is not a custodian of your child) so as the start of school or as of 8:00 am the children are back in your custody. A common discussion is if a child gets... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: My ex-wife is refusing to split costs for daycare and agreed medical expenses, as ordered in our parenting plan.

We have a current court ordered parenting plan stating that my ex-wife and I need to split all costs evenly for medical, daycare and all expenses. My ex-wife is the custodial parent and I pay her child support. She has been lying to me about the costs of the daycare and I have been overpaying and... Read more »

Spencer Williams
Spencer Williams
answered on Oct 27, 2021

A Family Access Motion is only for denials of physical custody and visitation. You should look at a Motion for Contempt or the less expensive Motion For Determination of Sums Due and Owing. The Sums Due Motion basically asks the court to do an accounting of what is owed by each party for support... Read more »

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