Legal Question in Family Law in Missouri
What is the child protection act? My ex took our baby and is now in a home where there is alot of drinking and illegal useage of druges. could i file and get my son back?
1 Answer from Attorneys
First, is there a Court Order or Judgment currently in place the custody of this child? If so, you may need to file a Motion to Modify that Order or Judgment. Whether there is an existing Order or not, you can file a Petition under the Child Protection Act if the child is in danger of being abused or neglected. It certainly appears that such a Petition would be well-founded under the facts that you give us. The Court issues an Ex Parte Order at the time the Petition is filed if the Court deems it appropriate. That Order can place custody of the child with you pending further proceedings. The Order is served upon the baby's father and copies are faxed to local law enforcement. The Order can restrain the father from coming near you or the child, or it can provide for some visitation by the father with the child. The Order may also provide for some child support. Within a short time you will need to attend an actual court hearing and the father will be given the opportunity to either deny your allegations or settle the case and enter into a Full Order of Protection by consent. A Full Order may be effective for up to one year, and can be renewed if necessary.Many people go to the courthouse and fill out the initail paperwork on their own. But, I would advise you to seek the services of an attorney on a case as important as this. I have handled hundreds of these, and If you don't have an attorney, and you are in my geographical area, I might be able to help you myself. Please feel free to call me for a consultation.