Legal Question in Family Law in Missouri

Does the new step mom have the right to take the child for the day or weekend when child's father isn't present? Does she have the right to demand the child spend more nights than what the custody agreement says? She threatens to take us to court if she doesn't 't get her way. Child does not want to do this and has been upset. Step mom does not care about child's feelings. Child has needed to go back to counseling over this because of nightmares. Father has been rarely present in her life. Divorced 2 years ago. He gave up custody in exchange for keeping EVERYTHING accumulated during a 10 year marriage (cars, house, furniture, etc.). He does have 1 night a week he can get her, but has not done this until recent remarriage. Please help. Thank you!


Asked on 6/25/15, 8:54 am

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

Step-Mom has no legal rights whatsoever concerning your child. But, the father does, and if he has the right to physical custody of the child at any time, his agent can act in his place. For instance, he could leave the child with his parents or with a baby-sitter, unless your Judgment gives you a "right of first refusal". If this is causing harm to the child and you can prove it, you may consider filing a Motion to Modify the existing Judgment. If your Judgment includes a proper Attorney's Fees term, and you comply with it, we may be able to get a Court Order for your husband to pay your attorney's fees. You would have to pay your attorney up front and ongoing, but you might get reimbursed. Call me for a free telephone consultation.

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Answered on 6/25/15, 6:03 pm


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