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 Child Support for Missouri on
Q: By case info should I check 'the other party was ordered to pay child support to me' or 'no child support was ordered'

After a year of trying a 50/50 schedule, I am filing a motion to change custody to get full physical custody because the other party does not follow the schedule or participate in parental obligations. Nothing has been ordered as of now in reference to child support but an amount has been... View More

Kristen Thurmond
Kristen Thurmond
answered on Jun 1, 2017

Look at what your previous judgment or order from Family Support Division says. If you have no judgment, then nothing was ordered.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have an issue I need an answer to. 3 years ago I gave temporary gardening ship of my son to his grandfather

Yes my name is Jami. I have an issue I need an answer to. 3 years ago I gave temporary gardening ship to my son's grandfather. I never signed my rights over. Part of our agreement was that his father was not allowed to be around my son because he was an heroin addict. Well here recently my ex... View More

Kristen Thurmond
Kristen Thurmond
answered on May 26, 2017

You need to talk to an attorney immediately. It is my understanding that since you gave another person guardianship of your son, only that person has parental rights over your son until it is terminated. You may try to file a police report about the incident if it has not happened already or... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: What legal rights does a person get from a paternity test if someone else is already on the birth certificate?

I'm currently not living with my parents but with a family friend that I have been with for a year since they allowed me to. I am wanting to move in with what my mom claims to be my biological father. Though when I was born she had another guy sign as my dad. I have rarely spoken to my... View More

Kristen Thurmond
Kristen Thurmond
answered on May 22, 2017

When someone signs a birth certificate or some other legal document, that person has two years to determine whether or not the father is the biological father. After two years, there's nothing that person can do. However, if your biological father wanted to adopt you, then that would be the... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex has legal & physical custody & enrolled my son in several activities during my visitation times. What can I do

He has enrolled him in baseball during weekends, baseball practices everyweek, taekeando tournaments, swim team, summer school, etc

Kristen Thurmond
Kristen Thurmond
answered on May 8, 2017

The immediate solution would be to file a family access motion so the court can speak with you and your ex about why the child is enrolled in activities that interrupt or prevent you from having your court ordered parenting time. However, that does not necessarily mean the child will not be... View More

1 Answer | Asked in Child Support and Family Law for Missouri on
Q: When a parent sign their rights to the other parent can the parent with the rights file child support

Family

Kristen Thurmond
Kristen Thurmond
answered on May 8, 2017

There is no such thing as a parent signing his or her rights away. A parent can consent to have his or her rights terminated, which is done by either someone else adopting the child or the state terminates the parent's rights. If a parent agrees to not have any custody of the child, legal or... View More

1 Answer | Asked in Family Law, Adoption and Child Support for Missouri on
Q: If a father has his daughter get adopted by a man that is dating his child's mom does he still have to pay child support
Kristen Thurmond
Kristen Thurmond
answered on May 1, 2017

If a child is adopted, then the previous parent's rights are terminated. Additionally, once a child becomes the legal child of a person that person becomes responsible for their care, custody, and support. Essentially, all obligations transfer to the new parent. However, it may be possible... View More

1 Answer | Asked in Civil Rights, Family Law and Juvenile Law for Missouri on
Q: Is what my mum says disowning?And if so, is it legal to leave the house after being disowned?

I am a trans guy transitioning from male to female. Recently I came out to my mum who says she'll never accept me. Is that technically disowning and if so, is it legal to leave the house after being disowned?

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

Disowning a child and abandoning a child are legally different. If she stops providing you food or kicks you out of your home, etc., then you need to call local child protection services or the police. You can even tell a teacher or someone else your close with that you need help. Talk with your... View More

1 Answer | Asked in Family Law and Domestic Violence for Missouri on
Q: My sister's boyfriend is threatening her and is abusive. What can I do to help her get safely out of the situation?

I know my sister is being mentally abused and now I fear it has progressed to physical abuse. I think he is threatening her with hurting the family if she leaves. He is also, we believe, an undiagnosed schizophreniac. What can I do to help her get the help she needs to get rid of him and protect... View More

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

Your sister has to want to leave. If you personally witness any physical abuse, you can call the police. Just know that if you report it and your sister does not want to leave, it could make things worse at home for her and the kids. Until your sister is prepared to leave, there is not much you can... View More

1 Answer | Asked in Family Law for Missouri on
Q: Moving to Illinois from Missouri with minor.

Father is not around, pays no child support and is basically only on the birth certificate. What do I need to do to not get in any trouble, or would I be breaking a law? There is no parenting plan, we were never married. Please help!

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

If there is no court order of any kind for any thing, including child support, then you can move wherever you want. If you move, the father may file a paternity action asking for shared custody and parenting time, which could mean you have to move back to Missouri. That said, it is in your best... View More

1 Answer | Asked in Family Law for Missouri on
Q: I am trying to find a pro bono family lawyer as I am 7 months pregnant and I am unable to work.

I asked my daughters dad to keep her until I found us a place to live. Now he has alienated her from me completely.

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

The best you can do is try to find an attorney who is willing to help you on a limited representation basis or give you a free consultation. Attorneys would love to help everyone regardless of money, but we have to pay our bills, too. Find a local attorney and get a free consult on what you can do... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My 15 year old daughter is refusing visitation on her mother's weekends is that legal or can I be held in contempt?

My daughter and her mother fight constantly on the phone and then they bring me into the middle of it I want her to have time with her mom but she doesn't want to go I can't force her can I?

Kristen Thurmond
Kristen Thurmond
answered on Apr 28, 2017

At that age, the daughter has much more say in what she does and does not want to do. The best you can do is to keep encouraging her to try to keep a good relationship with her mother because even though it may not seem like it now, she may want a relationship with her later. However, if you think... View More

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: My husband and I have had guardianship of a now 3 year old. Her mother is prostituting and lives with her pimp. We have

Had her for over 2 years. We are the only mommy and daddy she has known. Her mother has only seen her on 2 different occasions and both times was only for a few hours. Her mother is from Texas and had 2 other children taken away by CPS which her last one was under aggravated circumstances because... View More

Brandi L. Ward
Brandi L. Ward
answered on Apr 6, 2017

You are likely eligible for adoption now and I would encourage you to meet with a family law attorney in your area immediately.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: Was a beneficiary to a will made in 2007 in Missouri , never notified, really convoluted story with lots of greed ,

Was wondering if I can do anything about it, have copy of trust if that would help , really just don't want this extended family member to get away with it, since she wasn't named in any part of it, and I thought no matter what the outcome isn't it illegal to not notify a beneficiary ?

Ben F Meek III
Ben F Meek III
answered on Feb 16, 2017

Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of... View More

1 Answer | Asked in Collections and Family Law for Missouri on
Q: Is a spouse liable for her husbands judgement if they were married after the judgement?
Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

Generally, no, unless your funds were already mingled at the time of the judgment. Speak with an attorney who helps with bad debt collection calls or deals with the Fair Debt Collections Practice Act.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My child's father informed me today that he's wanting to sign his paternal rights over.

We were never married, and he's about 1500 behind in child support. He claims he might as well as relinquish rights because I will never bring her to his girlfriends house to let them see her. Mind you I've told him many times they could come see her here. I'm worried it will end up... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

If you have not been to court to establish a parenting plan, then you really need to do so. Just because there are other kids in his home doesn't mean he should not get to see his daughter, but not having adequate space for three kids could mean no overnight visits. Talk with a local attorney... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My ex wife is threatening court because my 6 year old son took a drink of my girlfriend's beer without her permission.

My six-year-old son took a drink of my girlfriend's beer. She took the beer from him when she noticed him taking a drink. Now my ex-wife is saying that I can no longer have my son around my girlfriend (we live together) and that if I do she will file for full custody of our son and have my son... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

Can she file? Yes. Will she win? Maybe, but there would need to be more than just a single incident like this. Co-parenting classes or therapy for you and the mother would be the best option before going back to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: If my daughter has moved out of her moms at 17 can she come to Washington? I also still pay the mom child support

Daughter and mom had a domestic dispute. Police said she was an adult under MO law at 17 and could leave of her own free will. She moved out and wants to move to WA but I don't know the legal ramifications of that. if I can let her come. I don't want to get in trouble or her to get in... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

Does the mother know of this? If so, see if you can both sign an affidavit to terminate child support. If the daughter is moving out because she is mad at her mother, then you need to speak with your daughter and her mother about the move and why it may or may not be good for her. At 17, she'd... View More

1 Answer | Asked in Family Law for Missouri on
Q: My 3 kids are under guardianship and they ate refusing me contact. What are my rights for visitation and contact?
Kristen Thurmond
Kristen Thurmond
answered on Aug 25, 2016

This would depend on why the guardianship was put into place. There are a lot of facts that an attorney would need to know before an accurate answer could be given. I recommend trying to find a local attorney to do a consultation with and help you figure out what you can and cannot do.

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Wrongful Death for Missouri on
Q: can a case that was just dismissed 3 years ago, that involved a death of a child be reopened?

Medical examiner said it was accident so after 58 or 85 days the guy was in jail for murder charges just got released. The stories don't add up and not do the injuries the child had even dfs said there was multiple injuries they discovered on the child and the injury he obtained from this so... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

If it went to trial, no--the double jeopardy clause prevents retrials. The problem is that the DA's office has to be convinced that having had the case thrown out once it's likely to succeed now. In a criminal case it has to be shown beyond a reasonable doubt that the person charged did... View More

1 Answer | Asked in Animal / Dog Law and Family Law for Missouri on
Q: I am currently staying with my ex husband. He said if I am not out in a few days that he will shoot my dog. Is that lega
Kristen Thurmond
Kristen Thurmond
answered on Apr 21, 2016

I do not believe this a question about legality as much as it is about your safety and your dog's safety. To get you to move out, there are a lot of questions that need to be answered. If an individual is threatening to kill your dog, you need to seek a safer place to stay immediately. There... View More

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.