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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My husband and his ex wife have joint custody over their children together. Can his Daughter live with us?

While they do have joint custody, the ex wife is the primary caregiver. My husband pays child support to her each week. We live in the same county and see them twice a month, every other weekend. His daughter has been expressing that she wants to live with us for the past 3 years now. She is... View More

Christopher Fink
Christopher Fink
answered on Feb 3, 2019

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... View More

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on
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.

i moved out of my moms 6 moths ago and she has threatened me to either come home or she will send me to a mental hospital until im 21, even tho i am mentally stable.

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2019

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... View More

1 Answer | Asked in Family Law for Missouri on
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.

He has been so inconsistent that my 2 year old barely even knows him and his current wife. At least 6 months of 2018 he didnt even get him for visits not even a call too see how he was doing. In our agreement we are supppose to switch years on who claims him for the tax year, given he does as he is... View More

Christopher Fink
Christopher Fink
answered on Jan 28, 2019

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... View More

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Missouri on
Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow

In the abstract there is nothing regarding road right of way until this time. Abstract dates from 1859. There is no amount listed as to what the road right of way is. How do I find out what is allowable as the county is starting to encroach upon my fenced property with their road. Is there a... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 28, 2019

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.

1 Answer | Asked in Family Law for Missouri on
Q: Mom wont take visits with kids!!!! Says a parent plan isnt a court order!!!

Ive had my 2 kids for 18 months. Mom has gone months without contact. I went for 50 50 because my lawyer said it would be better. Since Tuesday at court mom was suppose to pick kids up Wednesday til Wednesday. Shes already missed it and said she doesnt have to get the kids because its not a court... View More

Lydia Seifner
Lydia Seifner
answered on Jan 10, 2019

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... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: My sons father pays child support threw the state. But has not seen my son in 3 years. Is that considered abandonment?

My son is 6 and has seen bio dad a handful of times. He knows my husband as his dad. Multiple times his bio dad has disappeared and come back later trying to see him. At this point it has been 3 years since they have seen each other. However he does have child support taken out of his checks by the... View More

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Where do I go to get temporary custody of my son. My ex has him an he's not on the birth certificate.

An how soon can I get them

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

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;... View More

1 Answer | Asked in Family Law for Missouri on
Q: Family law Transportation custody Required living space and child support

What to do about a situation

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

I'm sorry, this question is too vague. Without details about your situation, there is no way to answer your question.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
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?

I have a set of twins that will be 18 in June. My ex has had custody since they were 6. I've been paying CS but recently found our that one of them is living w/ his ex-wife and he is paying her $100 month in CS for our daughter. The other is living w/ her boyfriends mom (BF is at school) and... View More

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

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... View More

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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Missouri: My child graduates in May, age 18. Do I still pay support until Oct knowing he won't attend higher education?

He will be working full time, but likely still living with his mother

Lydia Seifner
Lydia Seifner
answered on Jan 3, 2019

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.

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Can my fiance adopt my five year old daughter?

Father has been proven by DNA testing but is not on birth certificate. He hasn't been in her life at all. There is no parenting plan or custody agreement between me and her father.

Kristen Thurmond
Kristen Thurmond
answered on Jan 2, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Father willingly wanting to terminate rights?

The father of my child is wanting to terminate his rights and I’m not entirely sure how this would happen. He abused me, he sells drugs and is very unstable. He doesn’t even have a place to live. Im just wondering, how would we, he and I, go about doing it?

Kristen Thurmond
Kristen Thurmond
answered on Jan 2, 2019

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... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My husband took my children out of state and is refusing to bring them back at agreed time. Is this legal?

We are separated but nothing is filed.

Lydia Seifner
Lydia Seifner
answered on Dec 28, 2018

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... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?

My spouse and I separated 6 years ago and have been equally sharing custody and expenses related to our child since then. Neither of us want to change that. Is it necessary to file form 14 even if neither party is requesting support?

Lydia Seifner
Lydia Seifner
answered on Dec 4, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What form to file if custodial parent leaves the state without notifying co-parent with no child care arrangements made?
Kristen Thurmond
Kristen Thurmond
answered on Nov 30, 2018

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.... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Missouri on
Q: Father has been absent for a year and a half due to failing to comply with the court order of a drug test.

I am filing to get Sole Legal and Physical Custody. I need advice and help on what my chances are and what my defense is to protect my child. I am currently in a serious relationship and engaged. We have spoke about adoption but are not sure on what that process entails or what we need in order to... View More

Lydia Seifner
Lydia Seifner
answered on Nov 27, 2018

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...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Denied access to children for six months, do I need to pay child support for missed time? (In Missouri)
Kristen Thurmond
Kristen Thurmond
answered on Oct 31, 2018

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,... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Does a paying parent (father) in Missouri have a duty to inform the state, court or the other party of a pay increase?

There have been many changes since the 2nd time my ex filed for a modification, two of the four children are of age now, one of the remaining is in college at my expense so far. My main question, however, is to find out if i had any duty to report changes in my income to anyone. She has filed once... View More

Kristen Thurmond
Kristen Thurmond
answered on Oct 15, 2018

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... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can I leave Missouri after having my child here without being married but father on birth certificate?

If I live in Missouri, unmarried, and I am planning on having my child here in the next month. Can i move states after I have said child if father is on birth certificate?

Kristen Thurmond
Kristen Thurmond
answered on Oct 15, 2018

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... View More

2 Answers | Asked in Family Law and Divorce for Missouri on
Q: If my attorney quits and I get my file can I represent myself if we have agreed on a settlement. In a divorce

My attorney with held the settlement my husband and I agreed on until he recieved final payment. When I told him I would seek legal advise else where he quit. Can I take that settlement which my husbands lawyer drew up back to him signed and notarized and Let his attorney submit it to the court?... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 4, 2018

You have the right to represent yourself pro se, but pro se litigants generally don't fare well when up against a party represented by an attorney.

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