Legal Question in Family Law in Missouri

Custody

My daughters father has been behind on child support and they have began taking action against him. Because of this he has gone to a lawyer so we can do a parenting plan to show that he is taking reasonable steps toward resolving the issue. However, his lawyer took it upon himself to serve me with a summons that states that the father wants sole physical custody. He does not want that, all we want to do is fill out necessary paperwork to be filed for the courts approval. Now, I need to respond to the court within 30 days or he will get sole physical custody. We get along very well, so if we fill out a parenting plan, both sign it and give it to his lawyer to send to the court for approval , will that count as a response from me? Or do I have to file it with the court even though the father and I jointly filled it out and therefore, we both be filing it? If so, do we both need to be there to file it in person with the court or again, is it something his lawyer could do? The father and I both agree on everything. I just want to make sure if we gave it to his lawyer to turn in, it would count as a response from me so he would not end up receiving sole physical custody basically by fluke.


Asked on 5/27/07, 1:18 pm

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

Re: Custody

If the father receives sole custody, it will not be by a fluke it will be because you do not take the action necessary to protect your legal rights. When you are served with legal process requiring a response within thirty days, you need to hire an attorney. Your attorney will prepare a responsive pleading, denying the allegations that form the basis for the father's request for sole custody and possibly including a cross-motion seeking whatever judicial relief you need. The father may be trying to put one over on you, because a lawyer will not just "invent" something like a request for sole custody. Still, if you believe that the father's lawyer did this, why would you trust him or her to file anything? That lawyer has an ethical duty to represent his or her client, not to do anything for you! You are involved in litigation which will determine custody of your child or children, issues of visitation and child support and many other issues of absolutely supreme importance. Are you going to go through this without an attorney? If you do, I am certain that you will regret it. Hire an attorney!

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Answered on 5/27/07, 11:08 pm


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