Legal Question in Family Law in Missouri
child custody
I am a step mom and have been taking care of both my step sons - one for 12 yrs and the other came to live with us last yr. Mom refuses to sign paperwork to pay child support and husband won't force issue for fear judge would send 14 yr old back to live with mom. I feel this is unfair of her to expect me to pay for her children - can I sue her for liabilty given she isn't supporting kids at all??
1 Answer from Attorneys
Re: child custody
I do not believe that you can sue the mother for payment of your expenses for your step-sons. I do believe that the father is making a big mistake not taking the mother back to court. If the mother voluntarily sent the second step-son to live with you, why would she fight a legal battle to get him back? For the child support? After thirty days the father's obligation to pay child support is abated under Missouri law. But, it does not happen automatically, he needs to get a Court Order in place right away. Then, unless there is some very important information that you did not include in your question. the father will have physical custody pursuant to the Court Order and will also have an Order for child support to be paid by the mother. I encourage you to persuade your husband to do the right thing. The longer he waits the worse his legal situation may be. If you are in the Eastern part of the State, you or your husband may call me for a consultation.