Missouri Family Law Questions & Answers

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.

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: Missouri: My child graduates in May, age 18. Do I still pay support until Oct knowing he won't attend higher education?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Jan 3, 2019
Lydia Seifner's answer
You will need to contact child support enforcement in may and fill out their forms for terminating child support; but otherwise you don't need to wait until October to file for termination.

Q: Can my fiance adopt my five year old daughter?

1 Answer | Asked in Adoption and Family Law for Missouri on
Answered on Jan 2, 2019
Kristen Thurmond's answer
Talk to an attorney about step-parent adoptions. There are lots of procedural hurdles and hoops, so having an attorney is going to be the easiest way to accomplish an adoption.

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: 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: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Answered on Dec 4, 2018
Lydia Seifner's answer
Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.

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: 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: Does a paying parent (father) in Missouri have a duty to inform the state, court or the other party of a pay increase?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Oct 15, 2018
Kristen Thurmond's answer
Without scouring through the statutes, there is nothing I can quickly recall that requires a parent to inform the other of increases in pay. However, in practice, there does seem to be an implied obligation based on the statutes that both parents should report changes in income in regards to child support. That said, you need to get an attorney to help you make the right arguments to the court so as to not be the unreasonable, less credible parent.

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.

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