Legal Question in Family Law in Missouri

I am 31 yr old married male.... have 2 kids of my own.... i have a 12 yr old sister which my parents got a divorce recently. i want take leagal gaurdianship of my sister. my dad has physical custody my mom has visitation rights... my dad can not handle her shes defient wont listen... my mom is not fit enough to raise her. how can i or can i get legal gaurdianship of my sister.. any resources would be greatly appreciated.


Asked on 3/07/10, 5:26 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

I'm not sure that a legal guardianship would be the best option.

There is a Missouri Statute under which you might be awarded legal custody of your sister under the circumstances you describe, especially if your parents would agree with this arrangement. My guess is that there was also a child support order component of your parent's Dissolution of Marriage Judgment, which might be a part of the dynamics of the the situation.

In any event, you would need to file a lawsuit and litigate it if anyone objects, and the final decision would be up to the Court. This could be an expensive proposition for you, but if it is necessary for your sister, then I would understand your decision to proceed. If you do not have an attorney, you may call me for a consultation.

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Answered on 3/13/10, 12:19 pm


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