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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law and Social Security for Missouri on
Q: I was born sick in a hotel room we moved in to the home when I was 2 days old and 2 days later I went to The hospital

So I don’t have a birth certificate and want to get a birth certificate from Kansas City Missouri Jackson county but I can’t afford it

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 8, 2020

You posted your question on a site that features Texas lawyers. You need to contact an attorney in Missouri.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Missouri on
Q: can i sue a dr for not prescribing my son meds??

I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Missouri on
Q: Can a parents rights be terminated for abandonment if his checks are garnished for child support?

My daughter is almost 4 and her biological father hasn't been around since she was about 14 months old. I filed for child support after he told me he wasn't going to help out if he couldn't have me, but has not seen her at all. My husband has been around since she was a few months... Read more »

Steve D. Hardin
Steve D. Hardin answered on Aug 17, 2020

No is the short answer. The long answer is that your husband can seek to do a step parent adoption of your daughter that would make him the legal father and terminate the parental rights of the biological father. Realistically you will need an attorney to help with this process.

1 Answer | Asked in Family Law for Missouri on
Q: Is it legal for my ex to register our children if I have already registered them for school where I live?

The children have been with me for over a year

Rico Robinson
Rico Robinson answered on Aug 12, 2020

If you and your ex share joint legal custody, neither of you can unilaterally enroll the child in school without the consent of the other parent. If there has been a court order about where the child will go to school, you can a file motion to enforce. If you guys can't come to an agreement,... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What can I do if the mother of our unborn child refuses to let me have anything to do with our child and puts it a risk?

The Mother is now 11 weeks pregnant and I have evidence of her doing drugs and refusing to set up any appointments with a doctor for the child, also the mother is threatening to not let me see our child when he/she is born I am worried for our child's wellbeing and I would like to know what... Read more »

Rico Robinson
Rico Robinson answered on Aug 10, 2020

First and foremost, I am sorry to hear that you are going through this. The law tends to make it more difficult for a father to establish his parental rights. The first thing you would need to do is establish the child's paternity. If you guys are married, Missouri assumes the child's... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I keep my ex’s gf away from our son if i have a recording of him saying how she has no desire to be his step-mother

They split up after being engaged for 2 yrs and have a child together. I recorded him telling me she has no desire to bond or be around my son, does not support his fathers relationship with him, and wants to keep her daughter from my son because she claims my son might hurt her (completely... Read more »

Neil Smith
Neil Smith answered on Jun 5, 2020

It sounds like there's more to this situation that what is in your post. You might have a basis to modify your parenting plan. But simply having a recording like the one you described is probably not enough to "move the needle" in any way. You would need more compelling evidence.... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: 7 yr old son with my ex husband. How do I respond to a falsely accused interference with custody? My ex will not convers

I have a 7 yr old son with my ex husband. I became pregnant 2 months after being married, and all the red flags came clear to me. He is verbally and emotionally abusive, and he moved out when my son was only one. He never filed, and I intentionally waited to file til he was 3.5 yrs old, but we... Read more »

Neil Smith
Neil Smith answered on Jun 5, 2020

When you say "custody interference" are you referencing a family access motion? Or a motion to modify and/or motion for contempt? The way in which you respond depends on what he filed. If he is physically and emotionally abusive to the children, then you should think about filing a... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: DNA test wasn’t done nor did we fill out the affidavit to assume paternity but my name is on the social Security card?

Her mother was legally married and living at home with her husband when we conceived the baby.

When the paperwork was done at the hospital for the birth cert. the hospital wouldn’t take the documents due to a conflict in last name but I never got the new paperwork but My last name made... Read more »

Neil Smith
Neil Smith answered on Jun 2, 2020

She was married to another man, but your name is on the social security card? And you did not sign an affidavit or take a paternity test, right? Very odd. Two possibilities come to mind. First, did she maybe file a paternity case or did the husband file a non-paternity case? They would have... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: i'm 14 and neither of my parents have sole custody of me, so can i live with either parent?

p.s. there is no court doc. saying who has full custody

Kristen Thurmond
Kristen Thurmond answered on Apr 24, 2020

The most simplistic answer is that without a court order your father may not have legal rights to make decisions for you. This could cause problems at doctors' offices, schools, etc. The good news is that, yes, you do get a say in where you want to live. How much your voice is heard on the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Father of 15 month old child filed Paternity, Child Support, and Custody with courts. What is he going for?

Father got a full order of protection against me last august. Since then we have tried working on things and hanging out and trying to make things work and getting back together. He never got the order dropped and we are no longer working on things. How is this going to play into what he just filed?

Steve D. Hardin
Steve D. Hardin answered on Mar 31, 2020

There is not enough information in your question to give you a good answer. Other than to say that you need to consult with an experienced family law attorney. It is pretty obvious that he is up to something but what his finial goals are would take a full review of the case, talking to you, and... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can my 17 year old daughter choose which parent she wants to live with?

My daughter will be 18 in about 6 months. She has always been unhappy living with her mom. She is depressed all the time. Can she choose to come and live with me or do I have to take her mom to court?

Kristen Thurmond
Kristen Thurmond answered on Mar 18, 2020

There is no clear answer to this as it is heavily dependent on the court that issued the original order. Some courts are particular about it and others tend to think forcing a 17 yr old to do anything is pointless. Unfortunately, the best thing to do is talk with the other parent. But be realistic... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: If child support amount is set in divorce decree can it be changed over the years???

Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???

Kristen Thurmond
Kristen Thurmond answered on Feb 20, 2020

Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.

Relocation is a separate issue, though someone relocating can effect the...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Family Law for Missouri on
Q: What forms do i need to file a motion to inforce the original visitation agreement in a Missouri court? Of a minor

In 2018 i, consented to a Stipulation consent to guardianship in the Missouri courts of Morgan County. Since that time the guardian has consistently denied &/or interfered in the court ordered visitations. I would like to file the necessary documents to the same courts ordering the guardian to... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

If you were given a parenting time according to a parenting plan in the child's guardianship, then you can enforce that by filing a Family Access Motion. You can get assistance from counsel or go to the courthouse and ask the clerk to help you with the forms. By law, the clerk can somewhat... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son is in college. Wanted to know how to make a "formal request" for his transcripts/grades.

We need to know what is considered a "formal request" of our son for his college transcripts so we can verify the hours he is taking and the grades he is making meet the guidelines for us to continue to pay child support.

Kristen Thurmond
Kristen Thurmond answered on Feb 13, 2020

There are two things to bring up when responding to this. The first is the literal answer. There is no formal method. You make a paper trail of asking. If you normally correspond by email, then request by email. You can send a certified letter asking for the transcript and grades to the child who... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can the non-custodial parent take the child without consent and i do not know the whereabouts of my child (Missouri)

I do not know the address as to where the non-custodial parent lives . & he refuses to bring my child back . Don’t even know if my child is ohkay or not . What can be done ?

Teresa Rieger Housholder
Teresa Rieger Housholder answered on Feb 4, 2020

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

  Chapter 565

  565.153. Parental kidnapping — penalty. — 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child...
Read more »

1 Answer | Asked in Family Law, Personal Injury and Child Custody for Missouri on
Q: I want to sue for abuse of process

I was in a child custody case.

My husband passed away and his family legally by default got temporary custody and my daughter saying that I was a drug addict I was not a good mom because of my drug use. I had all clean UA's to clean hair follicles and they dismissed the case before... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 9, 2020

Contact an attorney in your area, put down a substantial sum, and go for it.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: im 22 dating a 17 year old in Missouri. my ex girlfriend is trying to say i cant see my kid if im with her. can he do th
Lydia Seifner
Lydia Seifner answered on Nov 4, 2019

If you do not have a Declaration of Paternal Right established with the Court, then unwed fathers do not have rights to your child; and the mother may restrict your access to your child. Talk to an attorney local to you to assist you is legally declaring your paternal rights.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I'm still paying child support on a child that has turned 21, is there any way to get the money paid back?

My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my... Read more »

Kristen Thurmond
Kristen Thurmond answered on Oct 17, 2019

Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not... Read more »

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can my 16 yr old refuse to come home and stay at his dad's? Or can I report him a runaway?

I have primary physical custody of our 16 yr old son. He went to his dad's for visitation and now refusing to come home. Can I report him as a runaway, even though I know where he's at?

Lydia Seifner
Lydia Seifner answered on Sep 23, 2019

He would not be a runaway as he is with his other parent. But his father would be causing parental alienation and is in violation of the parenting plan by not returning him. Talk to an attorney local to you to assist in a family access motion.

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