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Missouri Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: I have sole and physical custody of my daughter who says she is moving with her mom in iowa without my permission

Mother only has visitation. My daughter is out of control and needs substance abuse treatment .Can she come to Missouri and just take my daughter out of state? She is $7000 behind in child support. Will I then have to pay the mother? Isn't it true that all guardianship paperwork would have to... View More

Lydia Seifner
Lydia Seifner
answered on Oct 2, 2018

Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not... View More

1 Answer | Asked in Family Law for Missouri on
Q: How many days a month can a grandparent see there grandchildren in the state of Missouri. When the parent denies visits
Lydia Seifner
Lydia Seifner
answered on Oct 2, 2018

That depends on which parent is denying you time with the children. Grandparents' rights were created to help children maintain connections with both sides of their family. If your own child is denying you time with your grandchildren, you cannot request visitation time under... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: How does my baby's biological dad voluntarily sign over his rights? And can my boyfriend adopt my baby?

I live in Missouri. My baby's biological father left me after I found out I was pregnant and has a new girlfriend. We were only together a few weeks. My baby is 5 months old and at his request we did a paternity test. He has still not met his baby or paid child support and Now he is wanting to... View More

Lydia Seifner
Lydia Seifner
answered on Sep 20, 2018

The only way to terminate a biological parents are with an adoption. However, unless there is a court order regarding custody, an unwed father does not have any rights to his children, so if you want to merely keep the child away from him, you do not have to do anything; so long as he does not... View More

1 Answer | Asked in Family Law for Missouri on
Q: How do I remove my child’s hyphenated last name?

I was 16 when my first child was born and my mother forced me to hyphenate her last name with her fathers and my maiden name. Her father and I are now married and have three more children and my daughter gets upset that her last name has the hyphen, unlike her siblings, father and I. How can I go... View More

Lydia Seifner
Lydia Seifner
answered on Sep 19, 2018

You need to petition the court to change the child's name, since both of her parents are on board it should be a simple enough fix. Talk to an attorney local to you to assist you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: If the other party won't set a court date to appear, and I've been waiting for 5 months, what should I do to get a date?

I've been in court with my daughters father for over two years for custody and child support. The custody schedule is in place but I'm waiting on child support. It seems his lawyer is prolonging the case to keep him from paying. Every set court appearance for the past 5 months has been... View More

Lydia Seifner
Lydia Seifner
answered on Sep 18, 2018

Unfortunately, yes, a case can go on for months and years waiting on one party. The only thing you can do at this point is to keep asking for trial dates. Eventually the court will get tired of it and stop continuing it. In the until that time, you could ask for costs or enforcement of child... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: My ex never brought my child back from a visit and got an OP on me, he's court ordered to pay CS. What can I do?

My child is 2 I have had him his whole life. My ex hasn't paid any child support, we were never married and already separated when my son was born. He never brought up in the OP about the child support, nothing. I don't know what to do they granted him the OP. We have court again this month

Kristen Thurmond
Kristen Thurmond
answered on Sep 13, 2018

You need to seek the advice of local counsel. This is a serious issue and you need to go to court. Orders of Protection have two phases. An ex parte, where the filing party gets a temporary order based purely on the petition. Then there's a court hearing to determine if the order needs to... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I Live in MO the noncustodial parent moved to TX when I was about six months pregnant. How do I get CS? How long process
Kristen Thurmond
Kristen Thurmond
answered on Sep 13, 2018

You can still start the process with the family support division, who will reach out to the other state if needed. You can also file a paternity action in Missouri. A paternity action would establish custody rights, visitation, and get you court ordered child support, rather than an administrative... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I've been a stay at home mom for 3 years.

My daughter's father recently got kicked out of his house for not being able to pay rent. He moved into an unsafe house just to have a place to stay, and is now demanding that I take our daughter there and threatening me with attorneys and court cases. What are my rights?

Lydia Seifner
Lydia Seifner
answered on Sep 10, 2018

First of all, don't ever be afraid to go to court. Secondly, it is unclear from your question what the current parenting orders may be, if you have never been to court regarding custody, and the two of you are unmarried, then you are the only one with rights to the child. If the two of you... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If I have a signed letter from my husband that my son will live full time with me in Ca. can he try to take him

We recently separated because he had an affair and he told us to come back to California to be with my family. I have a signed letter that I was taking my son. Then a few days later he signed a letter stating my son will live 100% of the time with me in California. Does he have any legal right to... View More

Lydia Seifner
Lydia Seifner
answered on Sep 10, 2018

As you two are separated and did not go through court to decided upon a parenting plan, you both have equal rights to your son. Talk to an attorney as soon as possible to pursue a legal separation or divorce which will include a court enforceable parenting schedule.

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: In my divorce case I wasn't given credit for overnight visitation on Form 14.

My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?

Jennifer L. Rench
Jennifer L. Rench
answered on Sep 7, 2018

There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income.... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: What is father to do if he makes a lot less than ex and can't afford the support ordered to pay when they share custody

The father ordered to pay just started working due to medical issues but only makes half of what ex (whom is primary) makes. He pays all childs expenses while at his home (buying clothes, food, etc), but court has ordered him to pay a quarter of what he makes a month all while trying to take care... View More

Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

It sounds like you need to talk to an attorney about seeking a modification.

1 Answer | Asked in Family Law for Missouri on
Q: Does my child have to go her fathers house every other weekend?

My husband and I have been separated 9 years. My 12 year old daughter stays with me. 13 yr old son with him. Daughter doesnt want to go to grandparents house where dad lives every other weekend. She gets so stressed she stops eating. Does she honestly have to go? Its effecting her health. Theres no... View More

Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

If there is no court order, then there is nothing to enforce and she doesn't have to go. Be aware, you both have an equal right to the children, until a judge says otherwise, so he has every right to come and get her for visitation. Your best course of action, if you are not ready for a... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Mom: My daughter is 17 and no longer wants to go to her dads on his weekends. Do I have to make her?

father and step mother are negative in there treatment and attitude towards.

Lydia Seifner
Lydia Seifner
answered on Aug 31, 2018

17 is a gray area. You must follow the court orders until the child is 18. However, if he wanted to file a family access motion to enforce visitation, or you wished to file a modification based upon their degrading relationship, then case may not get resolved until after the child turns 18, in... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can I file a continuance on a Motion to Dismiss. I filed for a Motion to Modify Child Custody (Support) with my ex.

I filed my Motion to Modify Child Custody (Support) on 25 July 2018, the original has not been altered since it was enforced in 2012. My ex-wife got legal aid and they are wanting to denie my Custody change for more time. They filed a Motion for Dismiss for Failure to State Claim. I am wanting to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2018

You may file whatever you want. The safest approach would be to file a notice of hearing in order to get your motion for continuance heard.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Will it be difficult for my sons father to get extended out of state visits if he lives 6.5 hours away?

My son's father moved to out of state 6.5hours away 10months ago. He has been back to see him once to see him for 10hrs max. He keeps saying its my fault he doesn't see him cause we don't have a legal agreement yet so i won't let him take him out of state or drive to meet him... View More

Lydia Seifner
Lydia Seifner
answered on Aug 27, 2018

That will depend upon the judge. Some judges believe that the time between parent and child is so important, that extended visits are worth it; other judges will say that a 13 hour round trip is too much time for a small child to spend traveling. Talk to an attorney local to you for more... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: if both parents have 50-50 custody,is child support still ordered
Lydia Seifner
Lydia Seifner
answered on Aug 22, 2018

Child support is based upon two things: how much each parent makes and would provide for the child if the parents were still together, and how much time each parent has the child in his or her care. If there is a significant difference in the parents' income, then even with 50/50 custody, one... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: Is there a way to terminate child support after the final order has been submitted if both parents agree upon it?
Lydia Seifner
Lydia Seifner
answered on Aug 20, 2018

Yes, you would submit a motion to modify, and after 30 days of service, a joint agreement.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have this friend she has a second-degree misdemeanor endangering welfare of a child on her back ground and she is

Pregnant She was wondering if the state could come in after having the child and take the baby way? Also everything is done and over with she doesn't have to go to court or anything it's just that's on her record cuz her son had passed away and she took the deal to put her son to rest.

Lydia Seifner
Lydia Seifner
answered on Aug 20, 2018

The state doesn't keep track of an individual after his or her case is finished, additionally the state takes custody of a child on a case by case basis. So if your friend had a child taken away before, that does not automatically mean that this child will be taken away.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: My daughter turned 18 and graduated from high school. Do i have to pay child support during the time she's not in school
Lydia Seifner
Lydia Seifner
answered on Aug 16, 2018

If she in not enrolled in college by October of this year, then you may have your child support terminated, if she does enroll in school of some kind, then you must continue paying child support until she either drops out, graduates, or turns 21.

1 Answer | Asked in Family Law for Missouri on
Q: I am 16 and 5 months pregnant how do I move out of my parents house they won't let me or can I just go
Lydia Seifner
Lydia Seifner
answered on Aug 15, 2018

Unless you have become emancipated, or are 18, you cannot leave your parent's home without their permission.

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