Legal Question in Family Law in Missouri

Trying to get legal custody

My boyfriend and I live together, we have 1 child together, i have one from previous relationship,and he has son from previous relationship that he pays childsupport for. The mother now wants to send the son to live with us. How does my boyfriend agree to take his son and have the child support stopped. He is also worried that once the son gets there, after a while she will claim to want him back. To avoid all of this he needs to know what he can do to get full custody and not have his son transferring from school to school as his mother has him doing every year and to give him from living place to place. I have 2 children of my own and have no problem with taking him in as my own. When he visits, he is treated as if he were my own, but I refuse to have to deal with the ignorance of the mother playing games. If he takes the son in he does not want her receiving child support, nor her claiming him on her income taxes. That's only fair. Please give me some idea on where to go with this. I really don't think the mother is even willing to give him custody. I think she just wants us to take him and thats it.


Asked on 10/12/07, 12:05 pm

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

Re: Trying to get legal custody

You didn't say whether your boyfriend was determined to be his son's legal father in Court. It is possible that he was determined to be the father and ordered to pay child support by the DCSE (now the Division of Family Services). If this is what happened, then he will need to file a lawsuit. If he was already involved in a paternity suit, then he can file a Motion to Modify. In either case, he needs to hire an attorney to deal with the current situation and avoid very serious problems in the future.

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Answered on 10/19/07, 12:33 am


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