Legal Question in Family Law in Missouri

Daughter and Husband have separated what about the baby

My daughter and her husband of three years have separated. She left him because he pushed her while she was holding their 2 1/2 year old daughter. Long story short my oldest daughter had to go get her and the county cops had to come and make my son-in-law allow them to leave the property. The county cop said to let the baby stay with her mother but now the father is wanting to gain custody, they are trying to work things out but she is afraid if he gets her she will never see the baby again. Please help us to know what we can do legaly to protect the baby


Asked on 8/30/05, 1:35 am

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

Re: Daughter and Husband have separated what about the baby

The Mother of the child should obtain legal advice from an attorney as soon as possible. In the meantime, she can go to the county court house, and file a Petition under the Child Protective Act which will grant her custody temporarily and which should also keep the father away from them. The Court will grant an Ex Parte order immediately, and then the father will have a Court date at which time the Court will make the temporary Order more permanent. The father may be allowed to see the child under supervised conditions. The Mother can file this on her own if she can't afford an attorney, but she would be much better off with legal counsel. Good luck.

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Answered on 8/31/05, 12:18 am


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