Legal Question in Family Law in Missouri

custody

My ex-wife was recently incarcerated for 3 mo. for stealing, dui, hindering procecution.. etc. We have joint custody of our daughter age 5. While incarcerated my daughter was staying with her maternal grandparents. I had her every other weekend. After repeatedly seeing her in dirty clothes and short pants in school during these winter months i decided to keep her with me. Within a week my ex was out of jail she waited and additional 5 days before she called and wanted our daughter. I let her have her because they said what i did was wrong, Even though a sheriff deputy said it was okay. Now she has put a ex-parte order against me for my daughter. I want full custody of my daughter. My ex has not worked a steady job in the last 5 years. She is suppost to pay me child support but i have not seen a penny nor do i expect to and i have not pressed this issue. My daughter recently had surgery and i was not notified of this. My question is did i do wrong by keeping my daughter with me and not taking her back to the grandparents? And. How hard would it be to obtain full custody? Do judges look at a parents unfitness ie: her being incarcerated, drugs, dirty house, no car, no home, lives with parents, no income, no job. thanks for your time


Asked on 1/15/08, 2:29 pm

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

Re: custody

From the facts stated, the maternal grandparents had no legal rights to the child whatsoever, and you had every legal right to take custody of your child. I have handled many cases such as yours where the father seeks custody of the child and I have seen a good deal of sucess. All of the factors you mentioned and others will be considered by the Court. You should be aware that custody battles can become expensive, but it may very well be in your daughther's best interest for you to spend the time, effort and money to obtain custody. If you do not already have an attorney, you may call me at the office for a consultation.

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Answered on 1/16/08, 8:30 pm


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