Lawyers, Answer Questions  & Get Points Log In
Missouri Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for Missouri on
Q: I'm 16 in Missouri and can't find info on what warrants court ordered emancipation

I'm in a situation where I feel like I can provide for myself and I'm unsafe with my family members because my father is abusive and I personally am not safe with other family because of certain beliefs my entire family has. I have a little bit of video of my dad screaming insults and threats to... Read more »

Lydia Seifner
Lydia Seifner answered on Sep 3, 2019

You may qualify for emancipation if you can support yourself financially. However, if the situation is as severe as you say, you may want to call family services and inform them of your situation so you can be removed from the home. I would also encourage you to talk to your school counselor or a... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: Ex refuses mediation and doesn’t think he needs to follow the rules since he is an attorney.

My ex-husband is impossible to coparent with. He is very vindictive and still angry that I left him after he assaulted me. I have been trying to discuss things with him like my son‘s preschool etc. because there are many things that I feel would be in the best interest of our son that he chooses... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 29, 2019

If you cannot convince your ex to act in the way you desire and you believe he is violating the judgment of dissolution or parenting plan, your only viable option is to hire an attorney. Your ex might practice in front of more than one of the judges on the court, but you could have taken an... Read more »

2 Answers | Asked in Criminal Law, Divorce, Family Law and Appeals / Appellate Law for Missouri on
Q: WAY TO MUCH FORUM WONT ALLOW

many more in adition to jan reports

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 26, 2019

Please clarify your question. I have not idea what you mean by "jan reports."

View More 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
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.

View More Answers

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
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
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
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 »

View More Answers

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
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
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
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
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
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
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
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
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
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
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.