Get free answers to your Family Law legal questions from lawyers in your area.
My son's biological father isn't on the birth certificate and no paternity has been established. I haven't heard from him in over a year at which point he told me never to contact him again regarding our child. He's been in prison for the last 8 month's. Can my fiance adopt... View More
answered on Aug 13, 2018
Step-parent adoptions usually require the parents to have been married for six months first. Otherwise, you meet the requirements for adoption. Get married first, and then after six months, contact an adoption attorney in your area to assist you.
He has filed for joint custody. He wants to take my son to California from Missouri, but with being released on bond can he leave the state? Also, can I file for full custody?
answered on Aug 9, 2018
Unless the two of you are married, or have an existing court order, you are the only one with rights to the child; he can't take the child anywhere. Furthermore, it does depend a little upon the conditions of his release, but typically, if he has been released on bond, he won't be able... View More
There are in Colorado
answered on Aug 8, 2018
While an unwed father does not have rights to a child without a custody orders from the court; the damage here is already done. You might be able to sue him for the costs of having the tattoo removed but otherwise I can't think of many other remedies in Missouri. If all the parties are in... View More
There was no dna test they filed for a birth certificate but he's not on it yet and they were not married
answered on Aug 5, 2018
That's incorrect. If an unwed father has not be proven to be the father in court, then he has no rights to the child; only the mother does. While the police are very knowledgeable about what constitutes a crime, they tend to be lacking about civil matters. Your sister may claim her child,... View More
My partner is in her birth certificate, I need to move because we are living together but he don't let me work, he controls everything including the money, intimidation, emotional abuse. He is using his male privilege so I can't take decisions. I am a Registered Nurse and I will not have... View More
answered on Jul 16, 2018
If the two of you were never married, then he has no rights to the child and you may move as you wish. He does have the option of pursuing a custodial rights through a paternity action; but until that time, you are the only one with rights to your child.
He is now taking me to court for conference settlement which we have agreed on already. He is now saying if I don’t cancel child support it will drop down. Is this true that his lawyer can change the price of child support?
answered on Jul 13, 2018
They have to first demonstrate that the current order is too difficult for him to reasonably make.
answered on Jul 12, 2018
Yes. Maintenance terminates once the receiving spouse remarries, the assumption is that the new spouse will support the person originally receiving maintenance.
My child has moved in with me full time. What do I do since the other parent says I still have to pay child support. Here in MO.
answered on Jul 9, 2018
You need to file a modification based upon a change in the child's residential custody to terminate the current child support order. Contact an attorney local to you to assist you.
It was court ordered and it is taken out of his check monthly
answered on Jul 5, 2018
Yes, you can contact the court and request that the court abate his payments, or tell them that the payments are being made directly.
In Dec. I became homeless. After much thinking and crying I decided the best interest of the baby would be to let her stY with her sister til I could get back on my feet a little. But now she refuses to let me see her or give her back to me.
answered on Jul 5, 2018
Unless the child has been adopted by your older daughter, then your parental rights have not been severed, and you have a right to your child. Contact the police to help you retrieve your child; some jurisdictions will do this, some will require a court order first. Your older daughter was... View More
answered on Jul 5, 2018
If the child was born in your marriage, you are the legal father and have equal rights to the child, even if you are not the biological father. You should talk to an attorney local to you as soon as possible about pursuing physical custody of your son as part of either a legal separation or a... View More
answered on Jul 2, 2018
Just texting in general, no, that's not illegal. Sexting, however, depends on how old is the minor.
The only thing is the parent had addiction issues, went to treatment and is in recovery. Has no legal issues, and is seeking out Continuing Care. The father gave up his rights. now the father's parents are trying to take guardianship
answered on Jun 27, 2018
In order for a non-parent to be awarded guardianship, they must prove that the parent is unwilling, unfit or unable to continue with the parental responsibilities. So long as you are willing, fit and able to care for your children, it should be fairly easy to contest the guardianship. Talk to an... View More
This case would go to the Supreme Court. It is newsworthy. Civil rights violations. Statues ignored. Policies and procedures not followed. False documents presented to the court. This needs to be brought to the media's attention. Background in Family Law would be a plus. It is a very long... View More
answered on Jun 25, 2018
There are approximately 80 cases a year which are argued in the Supreme Court. About another 100 cases are resolved without argument.
There are about 7,000 to 8,000 cases a year filed with the Supreme Court. The likelihood of getting a case to the Supreme Court is about 1%.
I... View More
MY WIFE AND I HAVE BEEN LIVING TOGETHER FOR MONTHS SEPERATED BUT NOT LEGALLY SEPERATED. SHE HAS BEEN IN TROUBLE WITH THE LAW. HAS BEEN ARRESTED 2 TIME IN THE PAST FOR MONTHS. THE CHARGES PENDING AGAINST HER ARE DWI, FIRST DEGREE BURGLARY AND ASSAULT IN THIRD DEGREE. HER COURT DATE IS JULY 11... View More
answered on Jun 22, 2018
If you have no court order for custody, you each have equal rights to the children. So you may move with them, but she may also come and reclaim them. Talk to an attorney local to you about getting a legal separation with temporary custody.
My daughter has no place to live, she's been homeless for awhile. She has dcf cases in 4 different states. She has anger issues, mental health issues, and a drug problem. She was incarcerated on June 10th for assault and possession of maijuana and the baby came into my care. My daughter has... View More
answered on Jun 22, 2018
You will need to seek guardianship over the child. Some counties will have forms for child guardianship on their websites, but it is best to talk to an attorney local to you to assist you,
My daughter turns 17 in two days and is planning on moving out without our consent. She is already packed and just waiting for her birthday. She has stuff packed that I don’t want her to take (not hers). What does she have legal right to take? Or, what do we legally have to allow her to take.... View More
answered on Jun 21, 2018
Until she is 18, she does not have a legal right to leave against your wishes. That being said, even if she were 18, she would only have a legal claim to her clothing and toiletries, items she purchased, or items that were given to her as a gift. She would not be able to take furniture or bedding... View More
We live in Indiana. His daughter lives in Missouri with her mom. He pays court ordered child support but they never had a custody agreement put in place. She won't let us see his daughter. Is going back to court the only option we have?
answered on Jun 18, 2018
If father wants parenting time, he needs a court order that establishes a parenting plan in Missouri. Only the father can petition for it. Mother is not obligated to send a child to another state if nothing has been ordered. It is not clear who you are referring to as "we" in your... View More
how do i go about getting visitation with my son
answered on Jun 12, 2018
If you don't currently have a court order for custody and visitation, then she can deny you time when ever she wants. You should talk to an attorney local to you as soon as possible about seeking a Paternity action or a Declaration of Paternal Rights, so your time with your son is enforceable... View More
I have 50/50 custody of my 7 year old son with my ex wife. We exchange our son every Sunday. I am ordered by the court to pay child support. For the past 6-8 weeks she has been in the hospital. She did not notify me of this, but because we live in a small town, I find things out. One week was even... View More
answered on Jun 12, 2018
It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is... View 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.