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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My daughter wants time with her dad, but not spend a lot of extra time with only his girlfriend. Daughter is 8

My ex’s girlfriend is stepping into our custody arrangements. She asked my daughter if she’s want to stay for a week while she’s off work. They didn’t tell my daughter her dad still has to work. My daughter thought she’d have a week with her dad. She’ll only see her dad briefly during... View More

Lydia Seifner
Lydia Seifner
answered on Jun 12, 2018

Your daughter cannot make the decision to not go; however if the week was an extra visitation and not part of the custody agreement, then you can deny the time on her behalf.

1 Answer | Asked in Family Law for Missouri on
Q: I'm going through the process of getting my name changed. Is it possible to get the case sealed? If so, how?

How do i ask the judge for a higher level of security? The circuit clerk recommended writing a letter? Or is there a form I could fill out? How likely will the judge rule on sealing the case?

Lydia Seifner
Lydia Seifner
answered on Jun 6, 2018

You have to ask the judge for a higher level of security, and you will need a very good reason for it.

1 Answer | Asked in Family Law for Missouri on
Q: Does the Division of Family Service and the court have to acknowledge a POA?

My brother is incarcerated and signed POA to me. The Division shut me out of the last FST meeting and said I am not party to the case. I have set in on every support team meeting with my brother until he had to do his plea. They have broke every rule in the book in his case. It is criminal!

Lydia Seifner
Lydia Seifner
answered on Jun 4, 2018

No, they don't have to acknowledge it. Power of Attorney is a private decision someone makes to allow another person short-term decision making authority over their legal affairs. In order for a parent to grant a third party temporary custody over a child, they need to appoint a guardian... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Just need to know more about paternity and my legal rights as father. And about signing a birth certificate

Baby hasn't been born yet.

Lydia Seifner
Lydia Seifner
answered on Jun 1, 2018

Signing the birth certificate will not assign you legal rights over the baby. In order to assert you legal rights, you will need to seek a paternity action, or a Petition for the Declaration of Paternity. Talk to a family attorney local to you about your circumstances.

1 Answer | Asked in Family Law for Missouri on
Q: How do i file a motion to modify the parenting plan he broke all the rules in the parenting plan

How do i get ahold

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 30, 2018

You didn't finish your question. You file a motion by drafting and filing it. Better yet, if you can afford to hire an attorney, hire an attorney to do it right. If you were asking where to find a form, Missouri state court websites generally have forms. I'm not sure if there is a... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: how can i bet a ex parte cases
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

That's too general a question to answer. You prevail in court by convincing the judge you are right. If you hire an attorney you will increase your chance of success.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Motion for my attorney retainer fee to be paid by my husband hearing

My husband filed for divorce secretly without notice. He makes over 9k per month and his mother still paid for his attorneys. I have recently filed a motion to order my husband to pay the attorney retainer fee for me to get an attorney. The judge granted it and gave me 6 dates and said I need to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

If the opposing counsel won't communicate with you, you could send a draft notice of hearing and state that you will file it if you don't hear back within X days.

1 Answer | Asked in Family Law for Missouri on
Q: I had a dfs case that is closed. Do I still have rights to wyatt he is 8 and went to live with his father
Lydia Seifner
Lydia Seifner
answered on May 28, 2018

So long as your rights were not officially terminated, then yes you would still have rights to your son. However, you must follow the contact schedule put in place by the court. It is unlikely that your rights were terminated, as you state that your child is living with his father, and the court... View More

1 Answer | Asked in Family Law for Missouri on
Q: The coustdial parnet isnt following the parenting plan

He is keeping them from me cant get ahold of him i dont know where he lives anymore

Lydia Seifner
Lydia Seifner
answered on May 25, 2018

You will need to file a motion for family access, requesting the courts to make him follow the ordered parenting plan.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I fight for my step son because his mom was never told that his real dad can't see him he has not seen him at all

His son is in Florida with his mom and we would love to have him living with us

Lydia Seifner
Lydia Seifner
answered on May 24, 2018

It is unclear if you step-son is living with his mother or with his grandmother. If the child is living with his mother already, then you have no rights the child. If the child is living with the paternal grandmother of unwed parents, then only the mother has rights to the child without a court... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: Can my son move out if I say no and he's 17? I'm in Missouri
Lydia Seifner
Lydia Seifner
answered on May 21, 2018

No, if he tries to move away without your permission, then you can call the police and have him brought home or detained in juvenile as a runaway.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: What is the runaway laws in Missouri for a 17 year old?

I am 17 years old and I don’t want to stay at home anymore. It’s not a healthy environment. I did research and I found that in some states you can’t be forced to come back home at 17 if you runaway. I’m also aware that I’m not the age of majority. I just can’t wait until 18. It’s a... View More

Lydia Seifner
Lydia Seifner
answered on May 21, 2018

Until you are 18, then you will be considered a runaway if you try to leave home; your mother can call the police and have you placed in juvenile detention. You will have to have your friend seek guardianship and quickly if you want to move out.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: What does it mean for a child to primarily reside in each parents custody?

Form 14 2c:1 . I was given credit for my youngest child staying with me primarily. His mom and I are together and we have been so for 7 years. Each year I claim him on my taxes. However, during a dispute with my oldest child’s mother; it was mention that I shouldn’t have gotten that credit. How... View More

Jennifer L. Rench
Jennifer L. Rench
answered on May 10, 2018

This is not as easy of a question to answer as it sounds. The Form 14 is one page, however there a is a 40-page document that accompanies this form titled "DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14". There are also relevant cases in Missouri that specifically... View More

1 Answer | Asked in Family Law for Missouri on
Q: I have full sole & physical custody of all 5 of my children, my fiance wants to get guardianship what do I need to do?

The non-custodial father isn't in my children lives! I have a no contact order against my childrens biological father in the state of Mo. I would like to give my fiance guardianship so he maybe able to deal with medical & school issues, also my children want my fiance last name, what do I... View More

Lydia Seifner
Lydia Seifner
answered on May 8, 2018

Your fiance can't get guardianship if you, the current guardian, are still functioning and caring for the children. It sounds like what you really need is a step-parent adoption. You will have to be married for six months before he is eligible to adopt your children. Once you have been... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. (MO)

How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. I am Pro See and my husband's lawyer just dropped him and we would like to suspend to see if we can work out our differences without withdrawing so he doesn't lose what money... View More

Kristen Thurmond
Kristen Thurmond
answered on May 7, 2018

The short answer is that the court does not have a "hold" option for matters. Hearings can be continued for good reason; however, if a judge hears that you're attempting reconciliation, he or she may dismiss the case and make you start over. You still have some time, though. Once... View More

2 Answers | Asked in Family Law and Child Support for Missouri on
Q: Why can't an established order for child support be modified years later later?

This year I found out that my daughter's father has been working since 2000, has investment properties, co-owned several businesses, etc. He has all of it under an assumed name or family members. He has failed to pay child support since around 2007 and it was never paid in full or up to date.... View More

Kristen Thurmond
Kristen Thurmond
answered on May 7, 2018

This is going to be very fact dependent and rely on specific statutory language. You will need an attorney to assist you. At the very least, sit down to go over specifics as part of a consultation so you have a good idea of what to do next. Child Support Enforcement or an attorney may not be able... View More

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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can my daughter be charges with abandonment of her two children age 17 and 15 if she moves out of the father's house?

She and the father have lived together over 18 years but were never married. She has no ownership in any of the father's assets.

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

no, simply moving out of the house is not abandonment; now if she refuses or neglects to have contact with the children for over six months, then she will have abandoned the children.

1 Answer | Asked in Child Custody, Divorce and Family Law for Missouri on
Q: my ex has a child protective order against me for our child and he is keeping it in effect until i sign our divorce pape

is it illegal for him to do that? his divorce asks for full custody for him

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

It is sneaky, but not illegal for him to do that, you will need an attorney ASAP to assist you getting the protection order dismissed, and fighting for your custodial rights.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: My husband's daughter is in college and about to turn 21. Will the child support still end if she is still in school?

We recently found out she is claiming to now have seizures and has filed for disability.

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

Standard support obligations end when the child is 18 or 21 if still in school; so yes, the child support should end. The courts don't automatically keep track of a child's age, so you will need to contact child support enforcement and file for termination of support.

It is...
View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: If I have joint legal custody is there a way to get another parent to participate in something for the health of childre

-Joint legal custody

-other parent refuses to go to a place to get checked for lice

-children keep returning to our house with lice

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

It sounds like you need a motion for contempt, to make the parent seek proper medical care for the child. Ask an attorney to assist you.

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