Missouri Child Custody Legal Questions

If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should respond carefully and through the proper legal channels. If you were served, you’ll need to file an answer with the court before the deadline listed on the summons—otherwise, the court can enter a default judgment against you. If her address is false or you believe the court doesn’t have the correct information about the child’s residence or custody history, you can raise that in your written response and at the first hearing. Missouri courts make custody decisions based on the child’s best interests, so the judge will need accurate information about who has cared for the child, where the child has lived, and each parent’s involvement. Gather any evidence showing that she has not been the primary caregiver or that her claims about the child’s living arrangements are false. If you’re unsure how to file your response or gather the right documents, contact a Missouri family law attorney or your local legal aid office right away. They can help you respond properly, protect your rights, and make sure the court hears your side of the story.... Read Answer

As long as he knows about the children he has parental rights. He does not have to pay child support under the law until you ask him to. Does he even know about the child? You can try and file for full custody as long as he does not contest it you should win it by default. Contact my office to go over the case details and options. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Yes its allowed per the retainer agreement. I am assuming the retainer agreement you signed to retain him for your $2,000 will have a paragraph that says, at any time either the client or the attorney can withdraw him/herself from the case or something like at any time with given notice attorney and the client can drop the case. Something down that line. I am a competent and aggressive custody law specialist. If you would like to work with me I might be able to quote you a discounted quote or work with you on payment plans. But I will need to know more about the case before I can make such commitment. Upon reviewing my profile if you decide to work with me, you can contact me through my profile or call & text me at 212-387-8001 and email any documents for review at help@smsattorneys.com Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Your question is unclear and there are not enough details about the situation. Please contact an attorney to go over the details and options. Answers and comments to questions are for general purposes only and does not constitute legal advice or establish an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with discussing your case in more details.... Read Answer

Typically in the case of an adoption, the biological parent will no longer have the obligation to the child. In child custody proceedings the rules are different. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child: (1) Dies; (2) Marries; (3) Enters active duty in the military; (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; or (6) Reaches age twenty-one, unless the provisions of the child support order specifically extend the parental support order past the child's twenty-first birthday for reasons provided by subsection 4 of this section. 4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday. 5. If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. This can be a complex issue and can vary depending on specific circumstances (bio parent, guardianship, adoption, termination of rights).... Read Answer

Typically, depending on how much time has passed, an appeal of the decision can be filed. Generally this is to be done within 30 days. Most states don?t allow reinstatement of parental rights once they have been terminated. However, under some circumstances, such as when the child has not yet been permanently placed in a foster home, the parent may have the option to file a petition and show he or she has become fit to provide a safe and nurturing home. This can be a complex issue and if you need further assistance you can contact our office 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

Generally, a parent cannot give up their parental rights to their own child unless an adoption, whether this is by a third party or by a step-parent, has or will take place. There must be a willing and able parent ready to assume the responsibility. There must be good cause for a court to terminate the rights of a parent. Not seeing or supporting a child is not a good cause reason to terminate parental rights. 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, before a child becomes eligible for adoption, the non-custodial parent must terminate their parental rights to the child. Either the parent can sign a legal waiver, abandoning their rights to the child or the court can determine that the parent is unfit due to neglect, abuse, death or abandonment. In order to start the adoption process, a party must submit a petition to the family or juvenile court. Be sure to file the petition in the county in which you reside, where the child was born or where the child is currently living. Upon approval, transfer of custody will be granted to the petitioning stepparent. The stepparent must be married to the child's biological parent for at least six months before they will be granted a full adoption. 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. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.... Read Answer

In most cases, a person files an action in the home state of the child. Generally, "home state" means the state in which, immediately preceding the filing of custody proceeding, the child lived with his parents, a parent, an institution; or a person acting as parent, for at* least six consecutive months; or, in the case of a child less than six months old, the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the six-month or other period.... 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

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

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

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

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, 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, In the state of Missouri, changing the name of a minor requires written, notarized consent (agreement) of each known parent. This written consent must be filed along with the petition for name change. 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