Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Divorce for Missouri on
Q: I got pregnant while married with another man's child . My husband signed the birth certificate.

We are going through a divorce can I refuse to give him visitation. Or take home off the birth certificate?

Lydia Seifner
Lydia Seifner
answered on Jan 27, 2018

There is a presumption in marriage of paternity. So he is the legal father and may have parenting time with the child until a court says otherwise. You will have to establish in court that his not the biological father before visitation can be denied or the birth certificate altered.

1 Answer | Asked in Estate Planning and Family Law for Missouri on
Q: I am 28 and would like to make sure that my mother has no legal claim over an inheritance in the event of my death.

I have a sister on my mother's side that I would like to still get an inheritance as well as an uncle on my mother's side that should get a piece too. I don't have any children and I'm not currently married.

Kristi Burmeister
Kristi Burmeister
answered on Jan 27, 2018

If you die without a Will, the laws of intestancy will control and your mother will be one of your heirs. You should prepare a Will leaving your assets to whoever you choose.

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Missouri on
Q: What can the family do to protect a family member who is mentally incapacitated (due to stroke) living with another

family member who is also mentally unstable?

Kristi Burmeister
Kristi Burmeister
answered on Jan 27, 2018

Sorry to hear you are dealing with this. You could petition the Court for a guardian or a conservator to step in and make sure your family member is being cared for properly. If your family member is in immediate danger of some sorts, obviously call the police. Getting a guardian or conservator... View More

1 Answer | Asked in Family Law for Missouri on
Q: My grandbabies got taken from there parens recently and cps is using my past against me to see them . it was 10 years

It was for a very small amount of marijuana they are saying I have to be approved to see them because of my past. What can I do. I practically raised these children and we have a bond like no other.

Lydia Seifner
Lydia Seifner
answered on Jan 26, 2018

If the kids were taken by Children's Division, anyone, whether they have a past or not, has to get approved to see them. Talk to a juvenile attorney local to you, and talk to the juvenile officer in charge of the case, go through the steps to get approval.

1 Answer | Asked in Family Law for Missouri on
Q: i have applied for a motion for family access but the court dates not till mar 2 should i still go to the pickup spot on

should i still go to the pickup spot oneven tho i know that she most likely wont show up

Lydia Seifner
Lydia Seifner
answered on Jan 26, 2018

Yes, you always want to show that you are trying to follow the parenting plan. If she did show up and you didn't it would hurt your claim that she's keeping the children from you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My daughter's father says he will not let her move out of state with me to pursue my Master's degree. What can I do?

I am about to graduate with my bachelor's degree and have begun applying to graduate programs. My 10-year-old daughter's father says he will never let her move out of state with me, not even to pursue educational and career advancement. I think it would be a good opportunity for her to... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 18, 2018

The answer is complicated and very fact driven. Missouri laws address the relocation of a child, but it discusses your obligations as the proposed moving parent in terms of giving notice to "any party with custody or visitation rights." Since your question referred to "unordered... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Missouri on
Q: My grandchildren​ are in ICU due to my son in law driving drunk with kids in the car. He's not in jail. What can we do?

He showed up at the hospital where the kids were life flighted too. My daughter is scared but pretending that things are fine. He intentionally harmed them, and now pretends he doesn't remember anything.

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

I'm assuming he was charged by the police. It is a mandatory reportable in that case, so I'd assume he reported it.

There is an outside possibility, in addition to the claim against his insurance, that there is a claim for crashworthiness depending on the circumstances. Contact a...
View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: my child's father attorney filed a motion for stay at the custody hearing. There's been no new court date set.

We had a phone hearing with the Mo. Family support because he didn't agree with the amount of support they were saying he would have to pay. He also filed for the custody hearing and when I arrived there, that's when I found out the motion for stay was filed and granted. I then received a... View More

Kristen Thurmond
Kristen Thurmond
answered on Dec 7, 2017

From what you have said, it sounds like the attorney for the father has stopped the administrative child support proceedings in order to take care of support and custody at the same time through the court system. You should talk with an attorney about the details of your case to ensure the best... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Child Support for Missouri on
Q: boyfriend lost job and couldn't pay his ridiculous high child support now he has a warrent can't get a job wat can we do

She filed this just in dispise him and he payed 1000$ just for the judge to tell her to let him see his boy and never did he would love to get a job but how with warrent and back child support she is a horrible person

Kristen Thurmond
Kristen Thurmond
answered on Dec 7, 2017

Your boyfriend is the only person who can correct this. He needs to speak with an attorney about how to reduce his child support or at the very least go to the self representation page of the Missouri Courts website to read about what he can do. Child support is ordered for the child, not the... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need help a 14 year old girl was kicked out of her house over the weekend she is now staying with me

She is staying with me and my kids I need to know what to do about getting guardianship of her

Kristen Thurmond
Kristen Thurmond
answered on Dec 6, 2017

This is something that you absolutely need an attorney to help you with. This has the potential to get messy very quickly. Call several attorneys and work with the one you feel the most comfortable with.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Missouri on
Q: I'm 16 get I petition for a Paternity test if I think I know who my father is?

My mother was drunk when she got pregnant with me. My mom had been sleeping with a few guys at the time. We have had a paternity test on all of them except one. This one happens to be my Aunt Heather's (my mom's sister) ex husband, and my cousins father. We look almost Identical

Kristen Thurmond
Kristen Thurmond
answered on Dec 6, 2017

Unless you're emancipated by a court, only your mother or legal guardian can file a petition to determine paternity on your behalf. Ultimately, an attorney will probably not work with you directly because you're not old enough to hire an attorney on your own.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My 17 year old daughter has chosen to live with me instead of her mother. How do I go about custody and child support

her mother has full custody and I pay child support. i want to change this in the court system and so does my daughter

Kristen Thurmond
Kristen Thurmond
answered on Dec 6, 2017

The sooner you file, the sooner you can get child support stopped. Contact a local attorney right away or at the very least file something soon by using the self represent paperwork on the Missouri Courts website.

1 Answer | Asked in Criminal Law, Family Law, Child Support and Identity Theft for Missouri on
Q: My husband's identity was stolen and now there is an annulled marriage and a active support order. What can we do next?

We have been to City Hall to obtained this marriage license and the signatures or social security numbers don't match my husband's. And there is a warrant out for his arrest regarding this child support order.

Kristen Thurmond
Kristen Thurmond
answered on Dec 5, 2017

You need to find an attorney as soon as possible to help you sort through the child support issue.This is going to be very fact specific and the attorney will need all the information available about the current ordered support and the warrant. Talk to several attorneys to find the one you like... View More

1 Answer | Asked in Civil Litigation, Construction Law, Family Law and Divorce for Missouri on
Q: Can I be sued for bad work my ex husband did while married that I had no involvement in?

We are now divorced, but we're married when he did a bad remodeling job. They are now sueing me because we were married at the time. I had no involvement in the job, business, or contract. We have always had separate bank accounts, no joint assets, and I received no money for this work. I knew... View More

Kevin Webb
Kevin Webb
answered on Nov 23, 2017

It can be frustrating, but it is a common frustration that one can be innocent, yet still must spend money on an attorney to prove that innocence. Fortunately, you are not wrongly accused of a criminal accusation; I know that doesn't make this any less painful, but it is also a clear example... View More

1 Answer | Asked in Family Law, Patents (Intellectual Property) and Criminal Law for Missouri on
Q: My son is 15 and having a baby he sign the birth certificate? We live in the state of Missouri.

He says he knows the baby is his and wants his rights to the baby. I plan on doing a DNA test the day the baby is born.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2017

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Missouri on
Q: Do I have to tell the other parent when moving out of state? I am the primary parent.

There is no court ordered custody. He does pay child support and has health insurance on our 2 kids. We've never been married. He is on the birth certificate. He only sees them at best once a month. Today is his first time seeing them in almost 3 months. 3 days shy of it. He isn't very involved.

Kristen Thurmond
Kristen Thurmond
answered on Oct 16, 2017

This is one of those situations where what you "can" do and what you "should" do are different. On the legal side of this question, once father finds out you have moved, he can petition the court for more definitive parenting time. As a result, you may have to drive every... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Do I need a lawyer for this case?

Hello, I am married but separated with 1 child. My husband is not on my child's birth certificate and we never had a DNA test done. My son has never lived with him other than spending 1 summer with his father after he returned home from the military. My husband is trying to put me on childs... View More

Mrs. Shelly Renee' Reece
Mrs. Shelly Renee' Reece
answered on Sep 27, 2017

Family Law and Paternity cases are complicated and can have effects far into the future. I would suggest you consult with an attorney in the county you have filed your case in.

1 Answer | Asked in Family Law for Missouri on
Q: What is notice of entry case dismissed for failure to prosecute in a paternity case? Received notice of entry 74.03

Had an attorney and it stated proposed judgement cannot be approved without appearance. He never appeared and then filed motion to withdrawl of counsel. Now theres a notice of entry that case will be dismissed for failure to prosecute in accordance 37.1 unless motion for trial setting, together... View More

Mrs. Shelly Renee' Reece
Mrs. Shelly Renee' Reece
answered on Sep 26, 2017

Please contact an attorney in the county in which your case is located in. They will be best to help you.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can someone sue me and demand I pay their lawyer fees when I can't even afford a lawyer myself?

This is a custody case. The father of my granddaughter wants custody now that she's 8 and I have had guardianship of her since she was 6 months old.

Kristen Thurmond
Kristen Thurmond
answered on Jul 18, 2017

The short answer is probably not. There are provisions that allow for attorneys fees to be paid by the other party, but certain criteria must be met. However, you really should talk with a local attorney about the particulars of the case. Lots of attorneys will give free consultations by phone.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: What rights does a 16 years old female have to leave home.... (17 next month)?
Nrupa Patel
Nrupa Patel
answered on Jul 10, 2017

There are no rights...she is still a minor. If she leaves and parents don't know where she is, parents can call the police to make a runaway report an any law enforcement officer that comes across her would have to take her into custody and take her back home.

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.