Legal Question in Family Law in Missouri
I live in Missouri and have visitations to my 12 year old son who lives 25 miles away with his mother. I consulted his mother about me buying him a cell phone and paying for it so we can have daily contact and she agreed. She has since remarried and the step-father keeps taking the phone away as punishment along with grounding him to his room for days/weeks at a time. I then only have contact with him if they choose to let me. I have tried to say something to the mother but she says that my son has too much contact with me anyway. Can the step-father, who has only been around him for around a year, have the right to take the phone since it is our way of staying in contact between visitations? Right now he is grounded to his room and phone is gone for 2 weeks and I am very concerned about this because my son has said his step-father has spanked him and jerked him around by his arms. For quite some time now my son has expressed to me and to his mother that he wants to live with "his Dad". He is very unhappy in his current situation. He has problems in school (goes to Alternative School for now) and the mother does not have much contact with them even if they call her. School has been in session since August and the school states they have not seen her and have only spoken with her once. I contact the school by phone or in person at least twice a week to see how things have been going. His mother also claims he has ADHD and gets medication for him but I do not believe he has that. I had him all summer and did not have any trouble with him whatsoever other than the normal pre-teen boy stuff. I would like to try to get custody of him but I do not know what type of information/proof I would need in order to have a chance at doing this. Can you tell me what I need to do.
1 Answer from Attorneys
The basic criteria to change custody, is that there has been achange in the circumstances of the child. It appears that may have happened under the facts you described. If you feel that your child has described abuse by his stepdad, then he should be taught how to report it, and that it is important not to lie or embellish in any report he chooses to make.
Once they are thriieen, a child has more say in where they live. At twelve, the judge can certainly consider the child's opinion, but is not compelled to go with it. Not knowing why the custody was set with Mom in the past, it is impossible to evaluate whterh you will succeed in getting custody reversed. You should consult directly with a family law attonrey in your area. Many offer afree or low cost initial consultation. It may be that you just hire them to help you draft your Pro Se documents.
Good luck
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