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Missouri Family Law Questions & Answers
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
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
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
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 »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Both parents are in jail need to get custody of grandchild

Please help us

Spencer Williams
Spencer Williams answered on Oct 24, 2021

Consider filing a Petition for Guardianship and/or a Petition for Third Party Custody. I suggest discussing these options with an attorney in your area. Generally the Guardianship will be heard faster and there are options for emergency guardianship depending on the facts surrounding the... Read more »

1 Answer | Asked in Estate Planning and Family Law for Missouri on
Q: When my mother passes, she is leaving her home to my brother and I. He will likely move in. How is this preventable?

My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2021

There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: can i legally adopt a dad

i dont have one mine left for milk

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to leave for milk?

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Family Law for Missouri on
Q: We have 3 kids, 10, 7, 4 years old, we are married, I haven't worked for 5 years to stay with kids.

We didn't really lived together for the last 5 years, he would visit, because he has a business abroad, and he would come and go every month or two weeks. Now we moved all together to Missouri, but he hasn't given me any money since May 2021, and I have been using my personal savings for... Read more »

Spencer Williams
Spencer Williams answered on Sep 24, 2021

If you have been in Missouri for at least 90 days, you can file a Petition for Dissolution or Legal Separation with the court and after your spouse is served with the Petition and accompanying documents then request temporary (also called Pendente Lite or PDL) Orders be entered regarding custody,... Read more »

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: Can I file a motion to dismiss an ex parte?

My ex filed one last month I showed up to court and she didn't the judge dropped it... 2 days later I get served again for the exact same thing... this is harassment not the other way around...

Kevin Wayne Puckett
Kevin Wayne Puckett answered on Aug 19, 2021

Yes, you can file a motion to dismiss. However, file a motion to dismiss does not guarantee the Judge will dismiss it. You will need to show up to the hearing prepared to defend against the ex-parte, and ask the Judge if your can argue your filed motion to dismiss first.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Cant find wife and kids to serve her for custody and get temporary custody until court? What happens if we can't find h
Spencer Williams
Spencer Williams answered on Jun 30, 2021

Try serving her at different locations. Suggest requesting and using a special process server. If you still cannot get her served, you can have her served by publication in a legal newspaper in the county where she resides.

2 Answers | Asked in Family Law and Child Custody for Missouri on
Q: How can I get rights to child I've had for 7 years without any contact from parents
Keya Reed
Keya Reed answered on Jun 23, 2021

I agree with Caroline, there are a few options such as adoption, third-party custody, guardianship or the like. What’s best for your situation depends on the facts of your case and your ultimate goal. Contact a family law attorney to get more information.

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1 Answer | Asked in Family Law for Missouri on
Q: I was never married to the biological father. I have been letting them see him until things regarding their situation

That made me uncomfortable for my child. Is there anything they can do to try and take him from me or force shared custody.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

He can seek a paternity action to obtain joint custody of the child.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I was served paternity petition papers from father of my child. How do I respond? We're not married.

Baby born in Missouri

Lived there 4 months. Moved to another state.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

I would need to know some more information to know if the case was properly brought in whichever state it was filed. You need to make sure that you respond within 30 days (in a number of states, it's 21 days), or ask for leave to file out of time with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My husband is trying to lower his child support or sign his rights away, and I was wondering how much would it cost
Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

Do you mean how much it would cost to go to court? Unless there's someone there to adopt the child (or they are considered abandoned, etc.), the court will not terminate his rights just so he doesn't have to pay child support.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: Can I stay with a friend legally, while I'm trying to get myself emancipated.

I'm 16 and I'm currently trying to get myself emancipated without my dad's knowledge. My parents are divorced and my mom has agreed to give up her rights, but my dad is trying to keep us trapped here. He is a very unfit parent and let's his girlfriend control everything and they bully us constantly.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

To be eligible for emancipation in Missouri, you need to be able to support yourself financially and have a place of your own. That doesn't mean you cannot have roommates or live elsewhere, but you would have to show the court that you would be able to afford a home and have an income, etc.... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: I was served paternity papers in Louisiana. From Missouri. How do I respond?
Keya Reed
Keya Reed answered on Jun 5, 2021

You will need to file an answer to the petition within 30 days after receiving service. I would suggest that you find an attorney in Missouri to help with this matter or file pro se if you are comfortable. The state of Missouri has documents available online if you choose to represent yourself.

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