Legal Question in Family Law in Missouri

Child custody when there is no marriage

My son and his girlfriend have four children. From the birth of the first child five years ago she has regularly taken the children away. What are our rights to see the children and his rights as the father. He is on all their birth certificates and has acknowledged paternity. They recently bought a house together. She wants him to move out. She says she wants the house, him to continue to make the payments, and she wants eight hundred dollars a month in child support. That is more than half of what he makes in a month! She quit her job to stay home about three months ago. What can we do? What should we do?


Asked on 8/20/06, 11:26 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Child custody when there is no marriage

Your son should file suit asking the Court to make appropraiate Orders regarding child custody, child support, visitation, and so forth. As things stand according to your post, he has no specific legally defined rights regarding the children, and neither do you as grandparents. (Unfortunately, I find myself in a similar situation regarding the children of my wife's son.)If your son does go to Court, you might be able to "Intervene", that is join in the case as parties, and then the Court could also enter Orders granting you specific rights of visitation regarding the grandchildren. In some cases where there is a split between the parents and the grandparents have no legally defined rights,either one parent dies or moves away or something happens that prevents the grandparents from seeing the grandchildren. From my perspective this possibility should be prevented wherever and whenever possible. Finally, you suggest other issues, such as the house, which remain to be resolved. These issues, too, can be dealt with as a part of the legal process. I strongly suggest that both you and your son consult with legal counsel, and wish you all the best of luck.

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Answered on 8/21/06, 11:51 am


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