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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law for Missouri on
Q: I'm 16 with a baby and very controlling parents can I move out?
Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

Until you are emancipated, you cannot move out without your parent's permission. You are not emancipated until you are 18, married, in the military, or able to financially support yourself.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Is there a specific form for this and anything else I should include?

I am Pro Se but not by choice. I am going to file an ex parte Show Cause to ask the courts to order my husband to pay for a retainer fee for a lawyer for me to even out the fairness a bit more because they are taking extreme advantage of me. I meet more than enough stipulations and he makes close... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

A Show Cause Order is granted upon a Motion for Contempt which must be personally served on the other party. You should file a Motion for a Temporary Order pursuant to 452.315 RSMo. 2016 and request child support, maintenance as well as attorney's fees and costs to be incurred. You should... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can my daughter’s dad terminate child support for only one semester of bad grades in college?

My daughter is in her second semester of college. She only passed one class first semester but is now passing all classes this semester. Her father is seeking to terminate child support. If he can terminate after only one semester then can I take him back to court after this semester if she passes... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

Absent special circumstances, the answers to your questions are Yes and No. Please see 452.340 RSMo 2016.

1 Answer | Asked in Child Support, Divorce, Family Law and Tax Law for Missouri on
Q: If the receiving parent refuses to work (legally) & doesn't file taxes, what can the paying parent do ?

My husband makes good money, but his ex wife refuses to hold down a real job. She hasn't filed her taxes either, claiming "She doesn't work". This of course throws the income levels off balance and she is fighting for more child support. One child has aged out and it is time to... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

Father may introduce proof the Mother is employed. He may also request the Court impute an income to her based upon her earning capacity. This is not the amount she earns; it is the amount she could earn if she did work. This determination takes into consideration her education, licenses,... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Missouri on
Q: I am wanting to know more about terminating my parental rights. My son is almost 13yrs old.

I am about 40k in debt due to child support. I have supervised visits(2-3hr drive) one hr a week from a 2007 court order. I can't afford to remodify custody or child support payments. It cost me over a $100 every week to see him in gas alone. I have to choose when i can see him b/c i might... View More

Lydia Seifner
Lydia Seifner
answered on Apr 23, 2018

You can't terminate your rights without someone else to take your place, like a step -parent adoption. However you may be able to modify the order to reflect a no contact, no support agreement. Such an order would not get rid of the arrears; you would still owe it, but it would get rid of... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I move out and live with my dad at 16 years old in Missouri

It's a very long story, but I need to leave my 'Legal Guardians' house and move away. I am more than happy to live with my biological father but my legal guardians are not ok with that. My legal guardians refuse to get me a personal counselor for my suicidal thoughts which they have... View More

Lydia Seifner
Lydia Seifner
answered on Apr 19, 2018

You cannot legally move out with permission from your guardians. Talk to your biological father, and have him speak to an attorney about his seeking custody over you.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: Is it illegal to hold a child in foster care if court ordered guardianship was given to a family member?

I just got court ordered guardianship for my niece and she is in foster care would if be illegal if i went to get her?

Lydia Seifner
Lydia Seifner
answered on Apr 15, 2018

Once the juvenile court gets involved, the juvenile court has custody of a child regardless of your guardianship status. You will need to attend the court hearings and FST meetings to be granted custody and have the action dismissed by the juvenile court. Talk to an attorney who practices in the... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My 13 year old does not want to see her father we have a custody agreement can he take her against her will

He has not seen her in 2 months and is saying he will pick her up tonight

Lydia Seifner
Lydia Seifner
answered on Apr 15, 2018

Yes, if you have a custody order, it must be followed and is enforceable regardless of the child's wishes. You will have to have the order modified to reduce or change his time with her. Talk to a family attorney to discuss modifying the agreement.

1 Answer | Asked in Family Law and Divorce for Missouri on
Q: I filed a petition for dissolution of marriage,no kids,uncontested.If we get a court date and hes a no show what happen
Lydia Seifner
Lydia Seifner
answered on Apr 12, 2018

If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Parenting plan says I pay for 10 semesters of "post-secondary" education. Could this include grad school for my 22 yo?

My son will be receiving his undergrad degree next month and I have dutifully paid everything and more required by my parenting plan. Now his mom wants me to contribute to two semesters of his MBA program because of the vague wording of the parenting plan. I maintain the "10 regular... View More

Lydia Seifner
Lydia Seifner
answered on Apr 11, 2018

Based on just the wording you have provided, it would seem as though you would have to pay for the first year of graduate school. There might be something else in your parenting plan or judgment that discusses the intention of 10 semesters to cover undergrad only. You might be able to modify the... View More

1 Answer | Asked in Civil Litigation, Family Law and Legal Malpractice for Missouri on
Q: Is a judge allowed to give my personal property,my place of business plus equipment,files,etc that I had 20 yrs before

Am I allowed to have time to get counsel if my lawyer quit, isn't debt supposed to be split, I'm filing for a appeal because I don't think the judge was not only fair but I don't see how his decision is legal

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 6, 2018

I don't understand your question. Give your property to whom? What decision?

You are certainly allowed to retain new counsel, but the judge is not required to put the case on hold to allow time for you to retain new counsel. Most will give a reasonable time period, however. Your...
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1 Answer | Asked in Child Support and Family Law for Missouri on
Q: After DNA testing to verify the father, can I file for a child support order if my child is an adult?
Lydia Seifner
Lydia Seifner
answered on Apr 5, 2018

Child support is only awarded if the child is under 18, or under 21 and still in school, or if the child is severely disabled and needs continued guardianship and care. Talk to an attorney close to you about your circumstances and options.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Lawyer ignored requests for extension to respond to discovery. 30 days is up now so what do I need to do now?

BEFORE my 30 day deadline was up I emailed the attorney asking for an extension to get what they are requesting. I ended up emailing her 3 times and my husband even emailed her asking on my behalf. He also left 3 messages the prior week for her. She had ignored it ALL and sent me a demand letter... View More

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

Your options are to do nothing (not a good option) or file a motion seeking an extension of time, even though the deadline has passed.

1 Answer | Asked in Criminal Law, Divorce, Family Law, Child Custody and Legal Malpractice for Missouri on
Q: Did the lawyer commit forgery with my signature or not?

I am Pro Se but not by choice.

Is a "Temporary Order" and a " Stipulated Order" the same thing? I had prematurely signed the stipulated paper while we were making corrections while waiting to see the judge at the Temporary custody hearing that my husband never showed up... View More

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

A Stipulated Order means an order that the parties stipulate or agree to. A Temporary Order is not a final order.

No one should make an unauthorized signature.

1 Answer | Asked in Family Law for Missouri on
Q: Can I be emancipated without having to prove my parents "unfit"?

I'm three month's away from turning 17. I need to leave my house due to the fact that it is an unhealthy living area. My mother and stepfather are not abusive. We all just never get along and have lots of issues with each other constantly. I was just wondering if there was anyway I could... View More

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2018

The standard is "unfit, unwilling or unable" you just have to meet one, so it they are unwilling or unable then it still works. Also, you will need to be able to support yourself in some form or fashion. Talk to an attorney local to you about your circumstances to determine your options.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What rights does my daughters father have? We have never been married & no custody agreements.

My daughter is 3 years old. Her father & I have never been married, we do not have a custody agreement. My daughters father is listed on her birth certificate and she does have her fathers last name. What rights does he currently have to her? Am i able to move out of state without his consent?

Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

Currently he does not have any rights to your daughter. You may move out of state. However, be aware, that he can always start a paternity action before you move and essentially stop your ability to relocate. Talk to a family attorney close to you about your situation and options.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My sister wants sign her rights to her daughter to me and my fiancee my sister has an open case with child services

How does she sign her rights away to me will we have get a lawyer

Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

The only way she could sign her rights away would be if you adopted the child, and if the child in currently in children's division's custody, you would have to become an approved placement under the juvenile court first. You could also seek guardianship of the child, which is done in... View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: What is the current missouri statute 452.455
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

There isn't one, it was repealed in 2009. That statute used to say that in order for a parent to submit a motion to modify a current order, they had to catch up any child support obligation for which they were in arrears. But, like I said, it's been repealed, so you don't have to... View More

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Can Grandparents rights or visitations be attached to a Missouri adoption?

We have legal guardianship of our grandson. A visitation schedule for his maternal grandparents was attached by the court to the guardianship. His mother is deceased and his father has signed over parental rights to us. Could the court attach visitations or grandparents rights for the maternal... View More

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

It would be unlikely. Adoptions legally sever original blood ties, and set up new ones under the law. So if you adopt your grandson, legally he speaking he becomes your son. Talk to an attorney about your adoption options.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Missouri on
Q: filed a false report out of anger

caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

You should go to court and admit that you lied; they'll dismiss it.

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