Legal Question in Family Law in Missouri
My husbands ex is the Custodial parent of their 2 sons. She wants to "sign over "one of the boys to us because he is now out of control. How do we do this legally with both parties in agreement to the terms decided between them and what do we need to do so my husband doesn't continue paying child support for him?
1 Answer from Attorneys
Your husband could file a Motion to Modify in the same Court that granted he Dissolution of Marriage in the first place. If the ex-wife actually does agree with the change there would be no need for her to hire an attorney or incur any expense. Many times it is possible to prepare a Stipulation for Judgment of Modification or some similar legal pleading which both parties would sign. There will probably need to be a Court hearing due to the change in custody, but it could be more in the nature of a "non-contested" hearing than a trial. Once the Judge approves the change and finds that it is in the best interest of the child, you husband's obligation to pay his ex-wife child support for that child will be terminated. In fact, there may need to be a new child support order taking into consderation the ex-wife's duty to support the child who will be coming to live with you. In some cases it may be possible to have each parent support the child living with that parent andneither parent paying the other any child support. Legal fees could be anywhere from $1500 plus costs on up depending upon a variety of factors. But, if you and your husband want to be protected legally then the expense will be well worth it. If you do not already have an attorney, I would be happy to offer you or your husband a free telephone consultation.