Legal Question in Family Law in Missouri

Father seeking custody

My son's mother and I were never married. For the first 2 years I had him most of the time, then we switched to a more equal schedule. For the past 6 months I have had him full time and she gets him every other weekend. Since he is going to school next year we signed an agreement stating that I have physical and financial custody during. Now the mother wants him all summer. She is married to a registered sex offender and I dont feel its safe for him to be there. She says that is we cannot agree she is going to get an attorney. Since I just paid for school touition I dont have the money for an attorney. I dont want to loose him, but she has a track record of not taking care of him, sending him to her parents and leaving him alone with her husband who is a sex offender. What would be the best way to seek custody when I cannot afford an attorney?


Asked on 5/20/08, 11:49 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Father seeking custody

The best way is to continue working with her to find a compromise that might allow his mother to have visitation more than just every other weekend during the Summer. If she goes to get an attorney, that is when the significance of her husband's sex offender status woudl be legally relevant. Until then, you can state (in writing) that you want her to have quality time with her son, but am concerned that he might be left with her sex offender husband. If she seems to push the point, then you might tell her that if she pushes for custody, that you are going to request that a judge requiire that her husband not be in teh house during visits, or that she pay for a court approved visitation monitor to be presetn during her visits.

As to the grandparents getting yrou sone during most of her visits, it would not look good for you, (if this goes to court), to be trying to deny your son meaningful time with his maternal relatives. That is if there isn't some other reason why he should not spend time with them.

Good Luck

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Answered on 5/20/08, 6:34 pm


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