Missouri Recent Legal Answers from Lawyers

Your friend could be charged with displaying plates of another vehicle and failure to register a vehicle. If the car is not insured, he could also be charged with driving without insurance (which is common in this type of situation). Driving without insurance is a 4-point ticket, and if he gets into an accident while driving an uninsured car, his driver's license would be suspended until he pays for all the damages that he is responsible for. Failure to register and displaying plates of another vehicle are non-moving, no-point violations, but he risks getting repeated tickets for those violations every day if he continues to drive an unregistered car using someone else's plates. Police cars have license plate readers to check for stolen cars, so he could easily get pulled over if they see that the plates don't match the car or that the car is not registered.... Read Answer

When unmarried parents have a child together a parent can file a paternity action to set up custody and visitation and have an order in place. The court shall mandate compliance with its order by all parties to the action, including parents, children and third parties. In the event of noncompliance, the aggrieved person may file a verified motion for contempt. Typically, a paternity action will establish who the parents are, custody (legal and physical) and child support. This is generally done through filing a parenting plan with the court.... Read Answer

If you are 17 years old, you are considered an adult for court purposes, so your case will be prosecuted in the same court as adults are prosecuted. Even 16-year-olds can be prosecuted in regular "adult" court if the prosecutor chooses to do so because the crime is serious. If instead your case is prosecuted in juvenile court, you will most likely be placed on probation and there will be certain conditions of probation that you will have to obey. A restraining order (or order of protection) is for a specific person and will state that if you get within a certain distance of the person (or their house, place of employment, etc.), they can call the police and have you arrested and taken to jail for violating the order of protection. Anyone who wants a restraining order can call the court to see if they have forms that they can fill out to request a hearing with the judge to ask for the restraining order, or they can hire an attorney to request the hearing.... Read Answer

It is very unlikely that the Prosecutor will agree to dismiss your charges in this situation. It is very common for several people in a vehicle to all be charged with possession of drugs because of "constructive possession," which means the court assumes that you all had knowledge of the drugs and all had access to it, so everyone gets charged. Often, one person in the car will try to take responsibility for the drugs so their friends don't get charged, but that rarely works. In your case, you are taking the brunt of it because you and your friend put everything in your purse. If your friend confessed to police now that the drugs belonged to her, all that would happen is that your friend would also be charged with drug possession, but your charges would not be dismissed. You were charged with possession of drugs (not being under the influence of drugs), so it won't matter if you pass a drug test. Luckily, there is no possibility of jail time for a charge of "Under 10 grams of marijuana." I recommend that you hire an attorney as soon as possible to represent you if you want to get your drug charges dismissed or reduced to a lesser offense, such as "Littering." You can hire an attorney to represent you and you might not have to appear in court at all. The outcome of your case depends on which court your case is in and your criminal history. If your case is being prosecuted in state circuit court and you can't afford to hire an attorney, you can contact the public defender's office in that county to see if you qualify for a public defender to represent you. Public defenders don't represent people in most municipal courts in Missouri, so if your case is being prosecuted in a municipal court, you will have to hire a private criminal defense attorney to represent you.... Read Answer

Much of this will depend on what the Order is. Generally if a party is in contempt of a court order a contempt action can be filed. The court shall mandate compliance with its order by all parties to the action, including parents, children and third parties. In the event of noncompliance, the aggrieved person may file a verified motion for contempt. If custody, visitation or third-party custody is denied or interfered with by a parent or third party without good cause, the aggrieved person may file a family access motion with the court stating the specific facts which constitute a violation of the judgment of dissolution, legal separation or judgment of paternity.... Read Answer

Guardianship of a minor is a court proceeding in which someone other than the child?s parents ask the court for authority to provide for that child because the parents are unable, unwilling or unfit to parent the child. Generally in cases with consent from both parents, a person can file a Petition for Appointment of Guardian of Minor Child. Typically older children (over the age of 14) must also consent to the guardianship. Once an Order of Guardianship is entered and until the child reaches the age of 18 or the court terminates the guardianship, the child?s parents, normally, no longer have the authority to control, direct, or monitor the actions, behaviors or activities of the child. This authority now lies with the guardian. The parents can still visit the child. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

If this is an emergency or you feel your child is in danger, please make sure to call the police. You can also reach out to the department of Social Service (https://dss.mo.gov/cd/can.htm). Generally you would want to file a paternity action to establish paternity and legal and physical custody. Missouri law considers the best interest of the child in determining custody. In accordance to Missouri child custody law, the court considers five types of custody arrangements before making a decision. These include: 1. Joint physical and legal custody to both parents 2. Joint physical custody to both parents and sole legal custody to one 3. Joint legal custody to both parents and sole physical custody to one 4. Sole custody (both legal and physical) to one parent or the other There are also laws regarding the relocation of a child. How this is handled will depend on whether or not you have a custody order from a court. *?relocate? *or *?relocation? *means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information: (1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city; (2) The home telephone number of the new residence, if known; (3) The date of the intended move or proposed relocation; (4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and (5) A proposal for a revised schedule of custody or visitation with the child, if applicable. This is a very complex issue and if you would like to discuss further, please contact our office to schedule an appointment at 816-256-5440. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

Her retirment should be exempt, or considered income if she is receiving it in monthly installments. If she took the funds in a lump sum, more details would be needed to make a final determination. As for the landlord action, you would simply need to move prior to the filing and list the landlord as a creditor in your bankruptcy case.... Read Answer

There is a certain amount of your income that becomes part of the bankruptcy estate based on the day your attorney filed the case. It's an equation that attorneys and trustees use to determine the amount of income and taxes that were earned/owed based on the filing date. You did nothing wrong, it is just a mathematical equation.... Read Answer

Here are some general definitions: Summons: A written notice informing a person of a lawsuit against him or her, and tells them when and where to appear in court. Certificate of Service: A form filed with a court's clerk's office stating that the opposing party in a lawsuit *received *copies of papers filed in the case.... Read Answer

Anyone can sue anyone for anything, but whether you win may depend on whether you knew that they were putting his name on the package when you agreed to pay for it.  If so, it may be (depending on the circumstances, and possibly on who the Court believes, you or your ex) regarded as a gift.... Read Answer

Generally, the court shall set apart to each spouse such spouse's nonmarital property and shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors including: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children. Marital property normally means all property acquired by either spouse subsequent to the marriage except: (1) Property acquired by gift, bequest, devise, or descent; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (3) Property acquired by a spouse after a decree of legal separation; (4) Property excluded by valid written agreement of the parties; and (5) The increase in value of property acquired prior to the marriage. Usually, all property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co-ownership.... Read Answer

Generally, in order to terminate parental rights based on the consent, the court must find (1) that the termination is in the best interest of the child; and (2) the parent whose rights are being terminated has consented in writing to the termination of his/her parental rights. This is normally done after the birth and by filing a petition to terminate parental rights. The juvenile office shall be joined in the petition when a court of competent jurisdiction has determined the child to be an abandoned infant. For purposes of this subdivision, an "infant" means any child one year of age or under at the time of filing of the petition. The court may find that an infant has been abandoned if: (a) The parent has left the child under circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or (b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so; or (c) The parent has voluntarily relinquished a child under section 210.950; or A court of competent jurisdiction has determined that the parent has: (a) Committed murder of another child of the parent; or (b) Committed voluntary manslaughter of another child of the parent; or (c) Aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter; or (d) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent.... Read Answer

Generally, a court can modify a prior decree if it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child. In a proceeding for modification of any child support or maintenance judgment, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed.... Read Answer

In regard to a modification, generally, the court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical health or impair his or her emotional development. A court can modify a prior decree if it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child. In a proceeding for modification of any child support or maintenance judgment, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. Often, when a party does not follow the terms of the judgment, a family access motion or a contempt action can be filed. Terms of the agreement set forth in the decree are enforceable by all remedies available for the enforcement of a judgment, and the court may punish any party who willfully violates its decree to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court. Upon a finding by the court pursuant to a motion for a family access order or a motion for contempt that its order for custody, visitation or third-party custody has not been complied with, without good cause, the court shall order a remedy, which may include, but not be limited to: (1) A compensatory period of visitation, custody or third-party custody at a time convenient for the aggrieved party not less than the period of time denied; (2) Participation by the violator in counseling to educate the violator about the importance of providing the child with a continuing and meaningful relationship with both parents; (3) Assessment of a fine of up to five hundred dollars against the violator payable to the aggrieved party; (4) Requiring the violator to post bond or security to ensure future compliance with the court's access orders; and (5) Ordering the violator to pay the cost of counseling to reestablish the parent-child relationship between the aggrieved party and the child. Communication of information by, in, to or through this Website and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

In regard to a modification, generally, the court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical health or impair his or her emotional development. A court can modify a prior decree if it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child. In a proceeding for modification of any child support or maintenance judgment, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. Often, when a party does not follow the terms of the judgment, a family access motion or a contempt action can be filed. Terms of the agreement set forth in the decree are enforceable by all remedies available for the enforcement of a judgment, and the court may punish any party who willfully violates its decree to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court. Upon a finding by the court pursuant to a motion for a family access order or a motion for contempt that its order for custody, visitation or third-party custody has not been complied with, without good cause, the court shall order a remedy, which may include, but not be limited to: (1) A compensatory period of visitation, custody or third-party custody at a time convenient for the aggrieved party not less than the period of time denied; (2) Participation by the violator in counseling to educate the violator about the importance of providing the child with a continuing and meaningful relationship with both parents; (3) Assessment of a fine of up to five hundred dollars against the violator payable to the aggrieved party; (4) Requiring the violator to post bond or security to ensure future compliance with the court's access orders; and (5) Ordering the violator to pay the cost of counseling to reestablish the parent-child relationship between the aggrieved party and the child. Communication of information by, in, to or through this Website and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

The probate process is intended to clear title to real property if someone leaves it in their name alone on their date of death.  In the scenario you have submitted, you will have left your daughter on the deed.  Assuming you have left her either as a joint tenant or a beneficiary deed then it is unlikely she will have to go to probate to clear title.  If however, she is put on as a tenant in common then it would have to go through probate to clear your interest.... Read Answer

Emancipation is the fact or process of being legally considered an adult where one is free from control of the parent or guardian, and also can place the parent or guardian free of responsibility toward the minor. Generally in Missouri there is no formal procedure but there are circumstances that typically could result in a person under age 18 to petition a court to grant emancipation which include: 1. Your parents give their express consent to the court to terminate their parental rights; 2. Your parents give their implied consent by permitting you to live on your own, support yourself, and have already effectively given up their parental rights; or 3. You have married or enlisted in the military. As a practical matter, courts generally will not grant emancipation to a minor who is not self-sufficient or does not have the means to become so (i.e. job, house, car, marriage, military). Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

Generally, all property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co-ownership. The presumption of marital property is overcome by a showing that the property was acquired by one of the following methods: (1) Property acquired by gift, bequest, devise, or descent; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (3) Property acquired by a spouse after a decree of legal separation; (4) Property excluded by valid written agreement of the parties; (5) The increase in value of property acquired prior to the marriage. Non-Marital or separate property is anything that is not marital and commonly refers to property acquired before the marriage. Generally, separate property is not divided. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

Generally, terms of the agreement set forth in the decree are enforceable by all remedies available for the enforcement of a judgment, and the court may punish any party who willfully violates its decree to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

Generally a court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance: (1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (2) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including: (1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) The comparative earning capacity of each spouse; (4) The standard of living established during the marriage; (5) The obligations and assets, including the marital property apportioned to him and the separate property of each party; (6) The duration of the marriage; (7) The age, and the physical and emotional condition of the spouse seeking maintenance; (8) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; (9) The conduct of the parties during the marriage; and (10) Any other relevant factors. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer