Legal Question in Family Law in Missouri
My sister is having marriage problems. She is five months pregnant. Her husband of not yet a year has been mentally and physically abusing her. The other night he slapped their 2-yr-old son. They were fighting today and he took their son, slapped her then kicked her and left with the child demanding a divorce threatening to prove her an unfit mother and has yet to come home. There is no possible way they could prove her an unfit mother she is a stay at home mom. What can she do to to get her son and herself along with her unborn child away from him?
1 Answer from Attorneys
She should file an Adult Abuse Petition and possibly also a Petition for an Order under the Child Protection Act. If she can not afford an attorney to assist her with these things, she should be able to handle this herself if she is willing to do so. The Court will probably enter what is called an "Ex Parte Order" the same day that she files her Petition(s) in Court, granting her custody of the child, ordering the husband to stay away from her, and perhaps ordering child support, although this is usually not done until the hearing at which the "Ex Parte Order" is converted to a "Full Order of Protection" that lasts up to one year. Please have her consult with an attorney as soon as possible if she wants to know more about this and what it would cost to have an attorney represent her.
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