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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law, Adoption and Military Law for Missouri on
Q: My girlfriend is currently looking to get custody of her sister from her abusive mother, I'm doing research for her.

Currently my girlfriend is away at basic training for the army reserves. Once she gets back she is lookking to get custody of her sister from her abusive mother. I'm looking for where I need to start looking to do the research required so that when she returns she can start this process.... View More

Lydia Seifner
Lydia Seifner
answered on Feb 27, 2018

Your girlfriend will want to talk to an attorney local to her and her sister about seeking a child guardianship.

1 Answer | Asked in Family Law for Missouri on
Q: My husband left our family after 26 years. We own nothing but debt can he bring cops to retrieve what he says is his?

We live in a house my mom owns, he doesn’t work, lives in a trailer with no running water or electricity and got mad when our 15 year old son didn’t want to go with him. He threatened to have the police come with him to take everything he says is his. Can he do that?

Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

He has equal rights to your son, but without a court order declaring custody, he can't force your son to go with him. And considering that he does not currently have a proper living space to provide your son, a court is unlikely to grant him residential custody. He is entitled to his... View More

1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: To get me to sign their proposal at court, my ex's lawyer verbally assaulted my counsel & threatened me into signing.

The Guardian Ad Litem & bailiff both witnessed everything & the Guardian Ad Litem stated to me & my attorney immediately afterward he had "never seen that attorney act anything like that before".

My question is how do I file a motion with the court to bring this to the... View More

Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

If you want to the court to declare the agreement invalid, you can file a Motion to Set the Judgment Aside, and state that you signed under duress. Talk to your attorney about setting aside the agreement.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I live in Oklahoma my daughter and baby mama are in Missouri she won't let me see her. Do I have rights to see her?

She is living with her mom or at a friend's house or a ex's house couch hoping in Missouri with my daughter I have a job house car she dont work or have a car. I have our daughter birth certificate and social card. I've contacted her millions of time asking see our daughter she... View More

Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

Since the two of you were unmarried when the child was born, you do not have rights to see your daughter without a court order. Speak to an attorney in the area where the mother and child live as soon as possible about seeking an action to declare paternal rights and establish a father-child... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I don't have an attorney yet, how can I keep my husband from taking the kids from me immediately.
Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

You can petition the court to award you temporary custody. But until the court issues some sort of custody order, you both have an equal right to the children. Talk to an attorney local to you as soon as you can; and until you have an attorney who can go for you, make sure you attend every court... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: If I'm 15 and I move with my dad, but my mom has residential custody, can juvie take me away if she has called them?

The mom is an unfit mother, and I wan to stay home alone for one week, so my dad can work. I have food and the proper amount of needs to stay.

Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

If the court has given residential custody to your mother, then you must abide by the parenting plan should she decide to enforce it. Talk to your dad and an attorney local to you about your dad seeking a Motion to Modify to have residential custody switched to your father.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: I was deceived into signing over the rights of my child by the father, how can I gain the rights back?
Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

You can't actually sign your rights away unless there is someone else to take your place, like an adoption by a step-mother. Likely he received sole custody granting you very limited visitation. You can seek a motion to modify to re-establish contact, if the circumstances since the original... View More

1 Answer | Asked in Family Law and Personal Injury for Missouri on
Q: I live in MO., ex is in IL. I believe I have a strong case for intent. inflict. of emotional distress. Constant!

6 Years of constant emotional, financial, court orders broken, plays games with insurance, I feel like I am in prison. Where would I file in MO. or IL. (IL. has juris on divorce.) Intimation. Evasive and controlling still. It has to stop. Thank you.

Lydia Seifner
Lydia Seifner
answered on Feb 22, 2018

If Illinois has jurisdiction on the divorce, then I would file in Illinois. Speak to an attorney in the county where your divorce was filed.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: How likely am I to get Joint Physical Custody with the father only having weekends?

My daughters father and I share custody based off an oral agreement. I want to take him to court to get Joint Physical Custody with him only having her on weekends. I have evidence that supports why he is not responsible enough to have her during school days this includes statements from her... View More

Lydia Seifner
Lydia Seifner
answered on Feb 21, 2018

No one can tell you how "likely" a particular outcome may be. If the action went to trial, the judge's decision would depend on on a host of factors, including: what the standard is in your jurisdiction, work schedules, how cooperative the two of you are in raising her, and how the... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I am representing myself in a custody issue. Should I propose my offer to my ex's attorney before the hearing date?

Also, at what point does the state assign a GAL?

Lydia Seifner
Lydia Seifner
answered on Feb 20, 2018

Yes, propose you offer early, if it is reasonable, you may be able to work out a deal before trial and save yourselves some trouble. The state assigns a GAL if there is abuse or neglect apparent in the case, or if one party asks for a GAL and has a good reason for it.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: legal guardianship an support for minor child.

6 year old child living with a family the mother of the child has a boyfriend in the family! The mother basically abandoned the child an has been on the streets doing herion for the past 2 years ! She is now incarcerated an the head of the family watching him has died an has a huge trust!! Nothing... View More

Lydia Seifner
Lydia Seifner
answered on Feb 19, 2018

No, the trust cannot be challenged. Though the family head seemed to be doing mother a favor by caring for the child in the first place, it does not sound as though this family is actually responsible for the child. While in state custody, it is the states responsibility to care for the child;... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: How do they determine child support if the non custodial parent is unemployed due to circumstances beyond their control?

This is in Lincoln County. Troy Missouri. Not divorced yet, upcoming court date for dissolution of marriage

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

Child support is determined by how much each party either makes or can make. So if one party is unemployed, the court considers the reasons around unemployment, such as if the party is disabled or quit their job.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: What can I do? I'm 15 and pregnant

I'm 15, almost 16 and I'm pregnant. What legal rights do I have over my child? Can I move somewhere else if I have a probable cause why?

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

You have every and all legal rights over your child. You may move without consulting the father, however, you are also still subject to the authority of your own parents as you are underage. Talk to your parents or legal guardian about your desire and need to move.

1 Answer | Asked in Family Law for Missouri on
Q: Can my husband be ordered to pay for a lawyer for me for our contested Divorce / Custody case.

Husband left us Nov 28th and hired a lawyer the next day to file for divorce. Our son and I still reside in the home which he is still making the mortgage and utility payments on. However that very same day he closed the bank and chaged all the passwords to anything financial. Of course... View More

Lydia Seifner
Lydia Seifner
answered on Feb 16, 2018

The judge can order your ex to reimburse you for your attorney bills, but that is usually at the end of an action and it not guaranteed. You may want to ask for temporary maintenance at your next court appearance so that you can afford an attorney to assist you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I just returned from a 6mo military deployment. Is there any Missouri law that allows extra visitation post deployment?

I would like to have extra time with my child, since we lost out on 6 months of seeing each other. My ex will not agree to this on her own. I am hoping there is some law out there that could help me get extra visitation?

Lydia Seifner
Lydia Seifner
answered on Feb 16, 2018

Yes, it is possible to receive make up time for the months you were deployed, however you may need to seek a family access motion to receive it. Talk to an experienced family attorney local to you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I be held in contempt of court if the children refuse their Dad's visitation, even if I take them as ordered?

The children are 15 and and 12 and their Dad has rejected his parenting time in the past due to "work conflicts," because the kids were sick, or he doesn't want them to have their phones at his house. There is a GAL, co-parenting counseling, and active CPS report (kids' have... View More

Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

As long as you, yourself, are following the order, you cannot be held in contempt. If Dad decides to refuse visitation, that's his fault. Document every scheduled visitation, and whether or not it took place. If the kids are the one's refusing to visit their dad due to his prior... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I am not on my daughter's b.c her mom's in prison her grandparents have her what can I do to get custody.

I haven't signed any thing she has my last name and we have a great relationship the grandparents have raised her mostly because her mom's in and out with drugs and the grandparents r doing drugs. I m recovering but am married and now doing well my daughter loves me but they don't... View More

Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

You need to talk to a family attorney local to you about seeking a paternity action for sole custody. Make sure to check that the grandparents do not have guardianship over the child, if so you will have to file for it to be terminated as well.

1 Answer | Asked in Child Support, Family Law and Tax Law for Missouri on
Q: I pay child support monthly no back arrearage, and I have no parental rights can I write it off as a charitable donatin

I have paid Child Support for about 4 years now. I have no access to my child as i was backed in to a corner to give up rights. I still pay Child Support! can I start writing the donations off as a tax deduction or what can I do about that its starting to feel like I am giving a charitable... View More

Lydia Seifner
Lydia Seifner
answered on Feb 12, 2018

You cannot right it off as a charitable donation, because it is a court ordered obligation, not something you elect to pay. However, you can include it into your taxes as part of your expenses. It is not possible to actually give up rights to your child without someone else taking your place;... View More

1 Answer | Asked in Child Support, Criminal Law and Family Law for Missouri on
Q: My husban hasnt seen his kids in 3 years but he still oays child support what can we do? These women move. All the time.

We need help with back chikd support tgat wasnr modified when my husband dudnt have a job.

Lydia Seifner
Lydia Seifner
answered on Feb 8, 2018

You can modify back owed child support dating back to the date of filing of a modification. But if you did not seek a modification during a time when your husband was unemployed, there will little anyone can do to adjust that amount of back owed support. If you husband is currently unemployed you... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: Can I contact a Judge?

I have kinship care of a 3 year old. I have had him for over 2 years. Mom lives on the streets with hardly any contact and dad just released from prison. Dad is now petitioning the courts to gain custody. The child is scared of him and begs not to go with him each visit. Dad was in prison for... View More

Lydia Seifner
Lydia Seifner
answered on Feb 7, 2018

No, you cannot contact the judge directly. If you are named as a party in the petition, and you are unrepresented, then you may speak with the judge in the presence of the father's attorney, but you cannot speak to the judge privately. Also, if you are named as a party you may (and should)... View More

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