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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Missouri on
Q: Can my son be adopted by his step father at the age of 18 without involving biofather?

He has never had anything to do with my son and now he is dead

Justin Michael Crozier
Justin Michael Crozier
answered on Feb 18, 2016

Probably not. Unless the biological father has given up his parental rights. A child only gets to have two parents. If the biological father still has parental rights, then the child can't be adopted. If the rights HAVE been given up, then he doesn't need to be involved at all.

1 Answer | Asked in Family Law for Missouri on
Q: How and who can I contact about a divorce if I have no money for an attorney?
Justin Michael Crozier
Justin Michael Crozier
answered on Feb 18, 2016

You can look into legal aid. They can help offer legal services at lower (or free) prices. You also might be able to sign up for a pro-bono assistance. There are also attorneys who are willing to help out on a payment plan structure or who will give you some "low income" pricing. Good luck.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Bigamous marriage in Missouri....Since it is void ab initio do you have to file an annulment?

Married thinking my divorce from my previous was final, however it wasn't finalized until 4 days after we married. Do we need to get our marriage annulled? We are no longer together and want to figure out how to deal with this so that both of us can move on with our lives.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

I've often wondered about that question (in general). Logically, it would seem that you don't need to. But if and when either of you wants to re-marry, he or she should consult with an attorney in the state where you (or your "current spouse" lives to determine if a new marriage would be valid.

1 Answer | Asked in Family Law for Missouri on
Q: Can I file temporary custody without having a lawyer just until me and my ex go to court so she doesn't go out of state

What do I need to do to get 50:50 custody

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2015

You need an attorney. You are asking, in two sentences, for information such attorney in your state could only answer after a detailed conversation with you.

1 Answer | Asked in Communications Law, Criminal Law, Family Law and Juvenile Law for Missouri on
Q: Can an adult male employee be charged for giving 10 yr old his facebook contact information

My 10 yr old was with my mom at a auto parts store. An adult male employee gave her a small piece of paper with his facebook and whispered add me and throw this away. We have filled a police report and contacted the store and corporate. The district manager thinks it is a misunderstanding. How do... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 26, 2015

If this is important enough to you, which it should be, you will go see a local attorney about it to get the specifically tailored legal advice that you might need. When you do that, the attorney will be able to have a full discussion with you and will look for any possible causes of action that... View More

1 Answer | Asked in Family Law for Missouri on
Q: My ex lived in Kansas... I live in Missouri... Recently she moved to Texas without my consent or knowing. Is this legal?

I have joint custody with equal parenting rights.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2015

Depends on the terms of the custody order.

1 Answer | Asked in Family Law for Missouri on
Q: how do i get a case moved to a different state???

case was filled in kansas i reside in missouri and my kids want to live with me and i want the case to be in missouri

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

If there was no custody order entered in the Kansas case, and if the kids have lived with you in Missouri for at least six months, you simply dismiss the Kansas case and re-file in Missouri. Otherwise, if a custody order was entered in Kansas, you cannot re-file in Missouri. For further... View More

1 Answer | Asked in Family Law for Missouri on
Q: What do I need to file when ex husband won't pay court ordered alimony?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

You would file a motion to require him to show cause why he shouldn't he held in contempt of court.

1 Answer | Asked in Family Law for Missouri on
Q: what are my chances of getting my boys if they are 17 and 15 and dont want to live with their dad????

he has residental custody even before they came here they stated they wanted to live with me and all he cares about is the child support

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

You need to go see a family attorney for a full discussion about these matters and perhaps filing a petition for modification.

1 Answer | Asked in Family Law for Missouri on
Q: What legal rights do I have?

I have a four year old that I have joint custody with. His mother put him in preschool. However, our order states that until school starts, he is to be with me one week a month. She wants him to skip a week a month of preschool to come here with me. I want him to have consistent learning. Which... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

Go see a local family law attorney for a full discussion with all relevant documents in hand.

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: Do I pay the same child support sum until all of my children are of age? Or does it decrease when each become adults?

I pay on 4 children. Do I pay the amount I pay now until the youngest one no longer meets the requirements to receive support? Or can the amount I pay decrease as each one reaches adulthood?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2015

One would think that it should decrease every time one of the children reaches the age of majority, right? But possibly not; it depends upon the terms of the custody order and the specific law in Missouri.

1 Answer | Asked in Divorce, Employment Law, Family Law and Immigration Law for Missouri on
Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?

Hello,

I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.

I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 18, 2015

If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to... View More

1 Answer | Asked in Family Law, Personal Injury and Car Accidents for Missouri on
Q: Missouri family wants brain dead relative taken off life support, but wife will not comply. What can the family do?

A man was recently in a car accident that left him brain dead (with no hope of recovery). He is currently on life support and the family has decided that it's in his best interest to be taken off life support. Unfortunately, because he is married, his wife is the one who has to make the call.... View More

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

Sorry to hear about this.

The family should talk to a health care of guardianship lawyer about their rights and options. If the wife can be shown to be mentally unfit to make decisions, it may be possible to have someone else appointed to that capacity.

It might also make sense to...
View More

1 Answer | Asked in Family Law for Missouri on
Q: How do i contempt of court charges against my ex husband on money he owes me and titles he has not signed as ordered
Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Apr 1, 2011

The first thing to do is check your court orders to see if the money he owes you was ordered to be paid, or whether it was in the nature of a judgment in your favor. If it was only a judgment, then you will need to garnish his wages, as a contempt remedy will probably not be available. Same thing... View More

1 Answer | Asked in Family Law for Missouri on
Q: Form for father to sign relinquishing parental rights state of missouri

Printable form for absent father to sign relinquishing parents rights in the State of Missouri

Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Mar 14, 2011

There is no "form" to sign relinquishing parental rights. The only way to terminate parental rights in Missouri is by court order, usually in a juvenile proceeding or an adoption proceeding. The father can consent to the termination of his rights, or to the adoption, but a court order is... View More

1 Answer | Asked in Family Law for Missouri on
Q: What is the legal age a child can be left home alone in Missouri?
Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Mar 14, 2011

There really is no set age at which a child may be left unattended in Missouri. It all depends on the maturity level of the child, his or her ability to make decisions, the length of time left alone, etc. You basically just have to use your best judgment. Be careful, though, because if something... View More

1 Answer | Asked in Family Law for Missouri on
Q: I need to respond to a custody modification by today. How do I do it? Do I need a form or can it be just typed on paper?
Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Mar 14, 2011

Most local court rules will require you to type your response to the modification petition. Generally you will go through each of the allegations contained in the motion to modify, and you will either admit or deny the allegations. You can admit part of an allegation, and deny the rest, but you... View More

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