Legal Question in Family Law in Missouri

custody reversal

Can a father get custody of his children after a court order for joint custody with physical custody to mother. One 11 year old one 8 year old, 11 year old wants to live with father and step family and have visitation with mother both children are talking about verbal fighting and on one instance the step father caught the mother by the arm and pushed her into the wall, this was seen by the 11 yr old it results in the mother telling the children to ''pack their things'' that they have to leave their home, The childrens neighbor has also contacted the father telling him that she has daily conversations with both children and SHE is concerned for the childrens well being stating that both children are always depressed and usually stay to eat supper at her house because they would rather be there than home. Can this be viewed as emotional duress being put on the kids? The divorce was final in 1997. can anything be done if the father is in arrearage with child support even if it appears that the mother consistantly chooses to stay in an allegedly abusive home? What steps do we take to get full custody of both kids?


Asked on 9/01/04, 9:34 am

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

Re: custody reversal

Based only upon the facts you have given, I'd say the father can and should file a Motion to Modify seeking a change in custody as soon as possible. The Court will probably appoint a Guardian Ad Litem to represent the children, but that might actually work to Father's advantage. The court ultimately should issue a ruling based upon a finding as to the best interests of the children. I would be willing to bet that there are many other facts on both sides that would be relevant. If the divorce took place in the Eastern part of the state, I may be able to offer my services. You may call me for a free telphone consultation at 314-727-2822.

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Answered on 9/01/04, 11:19 pm


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