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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on
Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... View More

Lydia Seifner
Lydia Seifner
answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Do I have a right to not send my kids back?

My ex husband has visitation on Wednesday and every other weekend. On two occasions in the past month he has kicked our 14 year old out of his house ending with me having to pick him up. Do I legally have to send him back since he told him to leave? I’m fine if he wants to take me back to court... View More

Lydia Seifner
Lydia Seifner
answered on May 21, 2019

You are under a legal obligation to follow the current parenting plan. If your ex is refusing visitation or kicking the child out, then you have grounds for a Modification. Talk to an attorney local to you to assist you.

1 Answer | Asked in Family Law for Missouri on
Q: I have joint legal custody of my son. He has autism and ADD and is on meds. His biological mother is refusing to

have him be seen by a psychiatrist. What are my rights and steps to pursue this. I just want him to be safe and followed appropriately as these meds are controlled substances. Thank you

Christopher Fink
Christopher Fink
answered on May 20, 2019

If you have joint legal custody then you would already have the legal authority to schedule an appointment for your son. If you do not have this authority, then you would need to file a motion to modify to request the court review the situation. Perhaps you could simply ask the Mother to go to... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can I have my son put in some kind of a terment porgram for durgs? Even that I don't have cousty of him no one dose

He has live with his grandma most his life. Me and his mom had drug issues of or owe but I haven't used over 8 years don't want him to have to go trough the thing I did

Christopher Fink
Christopher Fink
answered on May 20, 2019

If you do not have legal custody then you will not be able to put your son in rehabilitation. You could file a motion to modify custody and seek legal custody. Or you could ask the Children's Division to step in and do an investigation. However, there could be consequences once the juvenile... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Is a parenting plan still legally binding when child support continues into secondary education?

I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?

Lydia Seifner
Lydia Seifner
answered on May 3, 2019

Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How do i keep my children away from their grandma while she is using meth ? My wife and I are separated ?

She has brain washed my daughter with her lies and starting to with my son!

Lydia Seifner
Lydia Seifner
answered on May 2, 2019

That depends a bit on if grandma is your mother or your wife's. If she is your mother, you are entitle to restrict your family's contact with your children as much as you wish. If grandma is your wife's mother, then short of an agreement by your wife, you will likely need to... View More

1 Answer | Asked in Family Law for Missouri on
Q: Moving soon, Mother insists i not move.

Im about to move in 19 days with my friends family, we would living in mexico for about a 6 month period before going to texas to live there indefinitely. Im 18 but my parents or more of my mother, i dont the right name for it but, Basically doesnt let me choose my own life choses and i had told... View More

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2019

You are 18, she cannot decide where you will live. There are no legal issues, you may move if you choose.

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Missouri on
Q: Whether I should do a cease and desist order first or Sue for Defamation Of Character

I had two ex friends get a restraining order against me in May 2018 but, got dismissed in July 2018. Now, I come to find out from mutual friends that since August 2018 to now that they have been telling lies and rumors about me that are not true to other mutual friends and keeping others from... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2019

I'm not sure what you mean by a "cease and decist order." Unless you are a judge, you cannot issue a court order. Perhaps you meant to ask whether you should send a "letter" first. If so, that's usually a good idea.

Defamation cases in Missouri are generally...
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1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on
Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

Currently a runaway.

Lydia Seifner
Lydia Seifner
answered on Apr 22, 2019

You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support...
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1 Answer | Asked in Family Law for Missouri on
Q: How do I go about filling for a legal seperation

And if I later decide that's not what I want what can I do

Lydia Seifner
Lydia Seifner
answered on Apr 16, 2019

To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.

1 Answer | Asked in Adoption, Family Law and Child Custody for Missouri on
Q: My fiancé’s kids’ father moved out of state and has not contacted them in months. Is this considered abondonment

My fiancé’s kids’ father moved to California 10 months ago (We live in Missouri) and has not spoken to them in 6 months. Is this considered a form of abondoment? If so, what steps can we take to terminate parental rights in order for me to adopt them? He “pays” child support (about $700)... View More

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2019

You and the children's mother will need to be married for six months before you can seek adoption. After that, talk to an adoption attorney local to you to assist you.

1 Answer | Asked in Family Law for Missouri on
Q: Can my ex stop me from taking our 8 year old son? We have been 50/50 for the past 7 years.

We have no paperwork nor court order for established paternity.

Lydia Seifner
Lydia Seifner
answered on Mar 23, 2019

That answer depends on whether you are the mother or the father. When a child is born outside of marriage, the only parent who has legal rights to the child is the mother. The law does that because we always know who the biological mother is, she is the person who gave birth to the child. The... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can a new order on another child be higher than an already existing order on the first child?

My husband has paid his ex wife for years. We have children together as well. Now his ex girlfriend wants to file and was told that should would get twice what the ex wife receives. Is that possible?

Lydia Seifner
Lydia Seifner
answered on Mar 21, 2019

The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Would income increase change the amount of CS if both parties had originally agreed on a set amount?

Both parents agreed on amount to be paid for CS, judge approved. If one or both parents have an increase in income later on does/can that change the CS amount? Or would what was originally agreed upon remain the same regardless?

Lydia Seifner
Lydia Seifner
answered on Mar 21, 2019

The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on
Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

Shouldn't I just be able to get them if there is no order or established paternity? Why is this still considered a civil issue if fathers rights are not valid

I have no resources and am going crazy. He was and is abusive.

What can I do?

Lydia Seifner
Lydia Seifner
answered on Mar 20, 2019

If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the... View More

1 Answer | Asked in Family Law for Missouri on
Q: legal name changes

In Missouri there is a portal called case net to look up older court case information. If a person undergoes a legal name change can these cases be amended to the current legal name?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 14, 2019

I am not aware of any way to do such a thing. Casenet generally is a record of what was filed in the case at the time of filing.

2 Answers | Asked in Family Law and Child Custody for Missouri on
Q: Girlfriend signed an acknowledgement of her ex as father to her child, she now wants custody. What's the best approach?

They were never married. He lives out of state, she in Springfield. They currently have a 5 week alteration. From what I can tell it looks like she can just keep him and file for custody?

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2019

Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.

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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: 19 year old attending college has moved out of her mother's house who we are paying C.S. to, can we terminate?

Daughter is no longer staying with the mother, but we are paying the mother a high amount of child support.

Lydia Seifner
Lydia Seifner
answered on Mar 11, 2019

It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own,... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Q: Does Missouri recognize triparenting?

I am the biological mother. My boyfriend is biological father to my youngest and is adopting the oldest. My female roommate is married and wants to adopt the two children as well since all 3 of us raise them.

Lydia Seifner
Lydia Seifner
answered on Feb 25, 2019

While your roommate can assist you, and your boyfriend in raising the children, you cannot have have more than two legal custodians for a child.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Our daughter been missing since 7-17-18. Her son has always lived with us. The other grandparents took him. Won't bring

The father is in prison for shooting my daughter. They took my grandson. How do I get him back? He is 3 years. He only know us

Christopher Fink
Christopher Fink
answered on Feb 3, 2019

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... View More

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