Legal Question in Family Law in Missouri

Custody

My brother and his wife lost custody of their children and the children are temporarly living with the wife's sister. The state has custody of the children. How do I go about obtaining custody of the children? We live in the same state. Don't I have just as much rights to the children as the wife's sister? If so, what steps need to take place for me to iniate custody?


Asked on 12/12/08, 5:32 pm

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

Re: Custody

There is a Missouri statute which provides authority for the Court to award custody of a child to a third person (you) under certain circumstances. You would need to file a Petition, and you may expect some litigation by the wife's sister if she wants to keep the child. Or, it may be advisable to consider establishing a guardianship through the courts. I would strongly suggest that you consult with an attorney in your area. If you are in the Eastern part of the state and you do not already have an attorney, you may call me for a consultation. Good luck.

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Answered on 12/12/08, 10:58 pm


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