Get free answers to your Family Law legal questions from lawyers in your area.
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.
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
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
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
answered on Apr 25, 2018
Absent special circumstances, the answers to your questions are Yes and No. Please see 452.340 RSMo 2016.
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
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
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
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
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
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.
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?
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
He has not seen her in 2 months and is saying he will pick her up tonight
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.
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.
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
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
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
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... View More
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.
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
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.
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
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.
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
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.
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?
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.
How does she sign her rights away to me will we have get a lawyer
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
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
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
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.
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??
answered on Mar 27, 2018
You should go to court and admit that you lied; they'll dismiss it.
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.