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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Hello, my daughters mother left about 2 years ago and I took over and moved my daughter out of her moms (grandparents)

She barely hears from her mom and haven’t seen her in about 6 months. I’m now moving forward with custody case, she’s not trying to get her back but I was worrying if she come legally get my daughter back if she wanted too. She didn’t have a steady home and my daughter goes to school from... View More

Lydia Seifner
Lydia Seifner
answered on Feb 6, 2018

Until you get the custody petition filed with the court, she can collect the child at will. Once it is filed however, you can ask for a temporary custody while the case is pending, and it will stop her from suddenly taking the child. The court will not want to upset the child's routine.... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: If me and my boyfriend decide to get married will my income be effected by his child support? Will I have to pay too?
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

Your income will not be affected by his child support obligation, nor will his obligation become yours to pay. Now your contribution to the household may affect his support obligation if the amount gets modified in the future; and you may have to assist him in paying his obligation, just as... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I go to jail for kidnapping if I am not able to find a ride to take my son home?

The court order between my ex and I states that we are both fit to have joint, legal, and physical custody of our son. My ex is claiming if I cannot find a ride, he will call the cops and press kidnapping charges.

Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

Generally, if you have joint custody, you are not kidnapping just because you can't provide the return transportation. Especially, if your ex was aware of the transportation issues and is refusing to retrieve the child himself. As long as this is a rare occurrence, and you are trying to find... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My child’s mother posted a video of him driving her car while on her lap.He’s 8,would I win sole custody?
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

The courts award custody based on the best interests of the child. You haven't given enough information about the circumstances for anyone to know the severity of the act. If they are sitting in her driveway, or driving in an empty back-road at two miles an hour, the court may not view that... View More

1 Answer | Asked in Family Law for Missouri on
Q: If I have a felony can my girlfriend lose custody of her children
Lydia Seifner
Lydia Seifner
answered on Feb 5, 2018

It depends on the felony and whether or not you live with your girlfriend and her kids. Talk to an experienced family attorney close to you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Why would a parenting plan say that weekend custody has to be within 90 miles of father's residence.

I live in Missouri and mother lives in Minnesota

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

Not knowing anything else about your situation, it is probably to keep the child from having to spend his/her entire weekend visits traveling.

1 Answer | Asked in Family Law and Adoption for Missouri on
Q: My child's father hasn't made effort to be involved for several years. Is it my legal obligation to know his address?

The address I had for him was incorrect. I tried having him served other papers prior to filing adoption. He couldn't be served at that address. So when we filed adoption, we ran an add in the paper instead of trying to serve him. Child support garnishment has stopped so now he got a lawyer to... View More

Lydia Seifner
Lydia Seifner
answered on Feb 3, 2018

It is not your obligation to know his address. It is his obligation to inform you of his address. The fact that his hasn't been involved and failed to keep you updated so that you could serve him personally goes in your favor. Talk to an attorney local to you who does contested adoptions.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I have guardianship of my sister, and my mom is currently receiving child support for her. Should i be receiving it?

My 14 year old sister has lived with me for 1 year, I've had legal guardianship of her since August 2017. Our mother is currently receiving her child support payments. Can i legally get those switched over to me? My mother is completely out of the picture.... what can i do?

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

The support is supposed to go to the care of the child, if you are her legal guardian, then you are eligible to receive support on her behalf. Talk to a family attorney local to you about seeking a modification as a intervenor on the current child support order.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: If my 17 year old child were to move out of my house and I did not want her to, is there anything that can be done?

If I filed a missing persons report would they bring her back even she says she is safe? Does the law see her as old enough to make this decision? I’ve heard of other kids doing this.

Lydia Seifner
Lydia Seifner
answered on Feb 1, 2018

This is one of those topics in which legal theory and reality don't match very well. Technically, she is still a minor and you can report her as a runaway, or if you know where she is, ask the police to bring her back. However, there's a limit to what you can realistically force her to... View More

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO MEET MOTHER 90 MILES OR LESS FROM MY HOUSE?

MOTHER LIVES IN ANOTHER STATE. PARENTING PLAN STATES THAT MOTHERS WEEKEND VISITATION IS FORM FRIDAY TO MONDAY PRIOR TO THE RESUMPTION OF SCHOOL.

BUT ALSO SAYS THAT CUSTODY SHALL BE WITHIN 90 MILES OF FATHERS RESIDENCE. AND UNDER TRANSPORTATION IT SAYS THAT IF PARTIES CANNOT AGREE PARENT... View More

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

If your plan says to meet at mother's house, then that's what you have to do. It is unclear from your question if someone moved since the last court order, if so, then you have grounds to file for a modification. Talk to an attorney local to you.

1 Answer | Asked in Family Law for Missouri on
Q: Can the father of my 17year old. That gave up his legal rights to her. Sign documents from school and enroll her w/o me?

She left home and refuse to come home. I transfered her papers so she was in school. But mitch pearson is not a legal guardian or legal parent

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

You can't give up legal rights to a child unless there is someone else to step into the role, such as with adoption. From what you described, you were granted sole custody. As sole custodian, you are the only one who can enroll her in school.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: My daughter 17 moved ,wont tel me were she is,and she cut herself month ago what are my opinion to get her help?

Im in missouri she said it been a month sence she cut herself

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

You can report her as a runaway. She's not allowed to live on her own until she is 18.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My sons father hasn't contacted me in almost a year about our son. Can I file for abandonment?

He doesn't ever contact me about our son, we actually have zero contact. He is not on the birth certificate and we were unwed when my son was born.

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 31, 2018

There isn't a cause of action called abandonment, but abandoning a child can be part of a claim form some specific relief. It seems like more information is needed.

What are you trying to accomplish? Getting child support from your son's father? Having another person adopt your...
View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My 16 yo granddaughter wants to live with me. She is in CO, I am in MO. She was adopted and my rights were taken away.

Her mother and my rights were taken away 15 years ago when she was adopted. Can she legally leave her home and come to live with me?? Also would I get in trouble for harboring a minor?

Lydia Seifner
Lydia Seifner
answered on Jan 30, 2018

Legally, she belongs to her adoptive parents. She cannot come to live with you without their express permission; otherwise, yes, you would be in trouble for harboring a minor.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: So I got remarried to the same guy i had an child support and custody agrrement with

Been married for a year things have not gotteb any better. He never called and said we got married should i have been paying for child support and is our previous agreement still in place if we call it quits... And can he use stuff against me from our previous married/ divorce?

Lydia Seifner
Lydia Seifner
answered on Jan 30, 2018

You should not have been paying child support if you were living together. However, your previous agreement would be in place should you separate, but all things considered you should definitely talk to an attorney local to you for a modification as thing have significantly changed between you two.... View More

1 Answer | Asked in Family Law for Missouri on
Q: The mother will definitely not comply with this. Are we obligated by law to continue paying until October 1st?
Lydia Seifner
Lydia Seifner
answered on Jan 29, 2018

There is not enough information to adequately answer your question.

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: Can my boyfriend add my children to his child support form 14? We live with him full time with his support.
Lydia Seifner
Lydia Seifner
answered on Jan 29, 2018

He can't add your children to his form 14, but he can submit an affidavit or expense statement detailing how much he spends on support of you and your family. The court will take it into consideration, however in my experience, the court does not look favorably on skipping out of supporting... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex boyfriend and I have a 3 month old. He is on the birth certificate as the child's father. What are my rights?

He is on the birth certificate as the father. A petition for custody has not been started yet and I am wanting to leave the state (2.5 hours away) with our son until/if the courts tell me I have to do otherwise, with the agreement that I would travel to allow weekly supervised visits between father... View More

Lydia Seifner
Lydia Seifner
answered on Jan 28, 2018

Until his rights are established in court, unwed fathers have no rights over their children, even if he is on the birth certificate. You may do what you wish. Now, once he seeks a paternity action in court, he could technically bring you back to the state, but that is rare, especially if you are... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My husband's ex wife was arrested on drug charges. We live in Illinois. What do we have to do to bring child here?
Lydia Seifner
Lydia Seifner
answered on Jan 27, 2018

That depends a lot upon where the child is now. If the child is in children's division custody, then contact the juvenile center in charge of the case and let them know you are available for placement Then you will want to get involved in the family team meetings. Talk to a juvenile... View More

1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: Can I add a judgement against my ex who is coming into money from an inheritance if I've already a civil suit date set
Lydia Seifner
Lydia Seifner
answered on Jan 27, 2018

If you are trying to recover money already owed to you, then you can may be able to get a lean against the inheritance, and your ex's assets. However, you are not entitled to your ex's inheritance otherwise.

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