Legal Question in Family Law in Missouri

Re: Legal age children can go to judge and ask for a change of custody

I am sure that you already know that it is not as simple as your children going before a judge and asking to move in with you. From my twenty-six years of experience in litigating these types of issues, I can assure you that there is a great deal more to it than that! First, it appears that you might want to file a Motion to Modify the existing Order and allege whatever abuse you can prove. You may also allege the current desires of the children, but they will certainly not be controlling. Your ex will hire an attorney and file responsive pleadings possibly including a Cross-Motion seeking other changes in the existing Order, such as an increase in child support for example. The Court will appoint a Guardian Ad Litem which is an attorney to represent the legal interests of the children, and you will share the expense of the GAL with your ex. These types of cases also often involve the use of expert witness such as child psychologists, or even medical witness, all of which costs money. If the parties can not compromise and settle their dispute between themselves, the Court will eventually conduct a trial and then rule on the pending Motion(s), with "the best interest of the minor children" as the basis for the ruling. This will be a difficult, time consuming, stressful, and somewhat expensive proceeding that will take several months to get through with absolutely no guarantee of sucess. But, if these children are truely suffering from any abuse whatsoever, I do not see any alternative for a caring parent but to try to protect those children. If you are located in the Eastern half of the State and are not represented by legal counsel, you may call me at 314-727-2822 for a free telephone consultation or to make an appointment. In any event, I do wish both you and the children good luck.