Legal Question in Family Law in Missouri

i need to now how i go bout filling custody of my kids on my own im there mother but they live with there father


Asked on 11/15/11, 11:32 am

1 Answer from Attorneys

Anthony Smith LawSmith

If you want to do it all on your own, whey are you asking for advice here? Assuing that the father opposes the change in custody, you will need to show a material change in circumstances that would trigger the judge's authority to hear your plea. If custody was given to the father over your objection, you will need to show that the reason for that has changed too. If you are current on your child support payments, it will help your case. If you are in arears, than the modificaiton may be an uphill battle.

If the father (and any kids over twelve) agree to the custody change, that will be the best help for your case. If the kids are somehow in danger by living with Dad, then you might be able to get free legal counsel. It might not hurt to go see a family law attorney in your area (start with the attorney that represented you in the previuos divorce/custody case). Many attornies offer a free or low cost initial consultation. Take all your documents to one and see if they will assess your particular situation. You might jsut need to pay an attorney to draft your documents for you.

Good luck

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Answered on 11/18/11, 2:18 pm


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