Legal Question in Family Law in Missouri

I have been divorced for 4 years now, my son is 17 years old. He no longer wants to liv with his mother. she is making it very difficult saying he cannot move untill he is 18 years old.... I am very behind on my child support and i also have a warrent for not paying the child support. i need to know what steps to take to get my son to live with me as soon as possible..


Asked on 7/31/12, 12:10 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Obviously, getting current on your support obligfation will help your situation . Your next step is to file a Motion for a Change in Custody and Support. You will need to show a change i situation for the child, not just you or your ex. Since you have a warrant, you will almost suredly have to make your motion through an attorney.

Good luck

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Answered on 7/31/12, 1:19 pm
Michael R. Nack Michael R. Nack, Attorney at Law

First things first! I would strongly advise you to hire the best criminal defense attorney that you can afford to handle the criminal charge against you. In some cases an attorney can get the warrant recalled and vacated. In other cases (like one I handled this morning) the attorney is able to persuade the Judge to set a very low bond and then set up a "voluntary surrender" of the defendant who will have made arrangements for the bond to be posted immediately, and therefor in and out of custody in a matter of a few hours. Then, the attorney may very well be able to negotiate a plea bargain under which you will be placed on probation and one condition ofyour probation will be to make certain payments (current support and something towards the back support) on a regular basis. Once you have taken care of this, you will be in a much better position to seek a modification of the existing court order, both as to custody and as to child support. I handle both types of cases on a very regular basis, and I have been practicing for over thirty-three years Please feel free to contact me.

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Answered on 7/31/12, 5:10 pm


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