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If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More 
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answered on Dec 17, 2023
If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted.... View More
Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ??
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answered on Dec 7, 2023
In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support.
However, the specific... View More
I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent,... View More
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answered on Dec 6, 2023
Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your... View More
We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More
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answered on Dec 1, 2023
In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More
Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.
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answered on Nov 24, 2023
In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.
Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of... View More
DCFS caseworker xx did not follow, DCFS's procedure and protocol on the
removal of xx on 08.11.2021.
Thus, xx had no legal grounds to take the child. The police also stated in their
reports that it was determined that DCFS would be taking the child into their custody.... View More
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answered on Aug 31, 2024
It sounds like you may have grounds for a restitution claim based on the information you provided. If the DCFS caseworker did not follow the required procedures and protocols, and if there was no imminent danger justifying the removal of your child without a warrant, this could be a violation of... View More
I have an ex parte and child protection order against my Childs mother. I've been in this now for 2 years because I asked for help from the court when my daughter ran away and was exhibiting harmful and dangerous behaviors. Prior to that I had joint custody as me being the primary physical... View More
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answered on Jul 27, 2024
No, Child Protective Services (CPS) cannot prevent you from speaking with your child's doctor at a mental behavioral hospital if you are the non-offending parent and have legal custody. Since you hold an ex parte and child protection order against your child's mother, you have legal... View More
I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how... View More
answered on Mar 23, 2024
No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.
What can I do about her demands for money? She is letting me see them this weekend for the first time in two months but only if I send her 200$ cash. I think that’s horrible and my twin daughters are calling me everyday asking why I can’t pay mom more money so that they can come see me. How can... View More
answered on Mar 6, 2024
You will have to take her back to court. The legal system is not self actuating and you have to bring a petition for family access and motion to modify to would likely be in order too. You need to speak to a family attorney.
My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?
answered on Feb 22, 2024
The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.
i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs
answered on Dec 9, 2023
I'm not sure what your legal question is. If you wish to challenge the order of protection, your options may be dictated by when it was entered and if you were served. An attorney could review the file on Casenet.
My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More
answered on Nov 17, 2023
For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.
The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More
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answered on Nov 12, 2023
In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More
Wanting to know if law 475.120, (2000) applies to this separate unit of a nursing home where I am.
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answered on Oct 13, 2023
No, Missouri law 475.120, RSMo (2000) does not apply to a behavioral health unit of a nursing home. The law specifically states that it applies to "all nursing homes in Missouri." A behavioral health unit of a nursing home is not a separate nursing home. It is a part of a nursing home... View More
answered on Sep 27, 2023
No, and in some instances, they may be legally prohibited from doing so.
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answered on Sep 26, 2023
In Missouri, the age of majority is 18. If a 17-year-old leaves home without parental consent or a legal emancipation, she may be considered a runaway and her parents could potentially file a missing persons report. Law enforcement could then be authorized to return her to her home.
The other parent does not want to abide by the agreement. The agreement has not went through court.
answered on Sep 9, 2023
The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.
You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with... View More
His dad also doesn’t do much for him when he is there. He makes other people take care of him like bathing him and feeding him.
answered on Sep 8, 2023
This may be useful evidence in a suit to modify the terms of your possession order. But be aware that what children say to their parent often ends up not being accurate for many different reasons and questioning children after they have spent time with their other parent can be viewed as a type of... View More
I moved out of my dads house due to him mistreating me and my mother is for me moving out.
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answered on Sep 6, 2023
In Missouri, the legal age of majority is 18, which means that individuals are generally considered adults at this age. However, Missouri law does allow for certain emancipation scenarios, which could potentially allow a minor to live independently before turning 18.
Emancipation usually... View More
answered on Aug 16, 2023
There is not nearly enough information to answer your question. It depends on the facts of your case and if there are previous orders. You should consult with an attorney.
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