Missouri Family Legal Questions

 Laws/statutes usually give a party trying to sue another party a certain number of days to have the second party service with the legal papers (in this case the modification of child support).   If the petitioning party finds another address to serve him, the clerk will issue a second summoms for the different address. If she does not have another address to have the second "alias summons" (really meaning a new summons with another address), issued then the Court will dismiss the case, and she will have to refile a new modification petition when she finds a better address for your son to have him served. Hope this helps. Cindy S. Vova, Law Offices  of Cindy S. Vova, P.A. Ft Lauderdale, FL Broward 954-316-3496 Palm Beach: 561-962-2785... Read More

While only a court can award guardianship, you and the children's father can sign a Temporary Power of Attorney for Our Minor Children allowing the children to live with their grandmother and older sister and allowing them to enroll the children in school, take them to the doctor, etc.  This is revocable at will.... Read More

Why are you waiting for her to speak to herself when you as a parent, should take actions without waiting for her to say something. The parenting order, custody order all can be modified at any time following the guidelines laid out in the document. Please feel free to contact an attorney for a free consultation to go over the details. However, the court might request that a guardian ad litem (lawyer for the child) may be appointed to voice the opinion and interest of the child. Looking forward to hearing from you. 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 More

Your ex may be guilty of harrassment if he engages in a pattern of conduct (not just one instance, the more the better) that serves no legitimate purpose other than to harrass, bother and threaten you. You can file for an Order of Protection to have him ordered to cease this kind of communication, or else he will go to jail. You can go to your Circuit Court and fill out the Petition for an Order of Protection in your own handwriting. You have the burden of proof, so save all the texts and emails that are harrassing, degrading and threatening and have nothing to do with your son.... Read More

If you were not married when your boys were born, then paternity must be established before child support can be ordered. If you have not previously acknowledged paternity for purposes of establishing child support, custody, or obtaining state assistance for the children, then you can deny paternity and request genetic testing. Absent your acknowledgement of paternity, it must be proven (outside of wedlock), so the mother must comply because genetic testing will be ordered. An added incentive for mother to comply is that she will not receive child support from you, or benefits from the state for the children without cooperating with the process.... Read More

It depends upon the types of financial matters your mother has. If there is no decision that requires on the spot response, then there is no need to have you as POA. However, if your brother is hard to reach or travels, then there may be a benefit to have you as POA. You both can be POA at the same time. You need closure on this issue before your mother condition worsened. She needs to understand and have full knowledge of the legal action being taken and must approve of it.... Read More

It really does not matter with the internet and ability to handle issues remotely. In any event, if your mother has dementia, she may not be legally competent to change it. You and your brother should address the logistics of day-to-day care and bill paying to see if you are in agreement on next steps. If not, and it is not a workable situation, you may need to pursue the added expense of guardianship. If that is the case, you should speak with legal counsel. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

Yes and no. In many ways, these days, financial matters can be easily handled at distance, by phone, by computer. You, living near, should have her health care power of attorney (in an Advance Directive). Your brother can delegate specific tasks to you under his POA. Make sure now, while Mom still has capacity, that banks and brokerages recognize the POA and will work with your brother. Final answer, too it's Mom's call. If she would rather you be POA (so you and she can discuss matters while she is still able) then make the change.... Read More

Sir, I practice family law in the St. Louis area.  There is a Missouri statute (Section 452.377) that requires notice of a proposed relocation of the residence of a child to any party entitled to custody of or visitation with that child. Relocation without notification to the other parent can have consequences which include, but are not limited to, a change of custody.  You should consult with an attorney in your area at your earliest opportunity to explore filing a Motion Objecting to Relocation of Child or other appropriate document in court contesting the relocation and/or modifying the parenting plan in light of the relocation.  The statute states that any party who objects in good faith to a relocation of a child shall not be ordered to pay the attorney fees of the relocating party.  Good luck!... Read More