Legal Question in Family Law in Missouri

I have a 9 year old son who I have visitation with, whenever his mother allows me see him. It's become more regular in the last year or so. There is no court order custody agreement, only court order child support which I do pay regularly. I am on the birth certificate. Over the last few years, my life has become much more stable. I am engaged to be married in 4 months. My fiance also has a 9 year old son who I very much love and care for. I'm active in both boys' activities. About a month ago my son's mom asked me to take him full time because she was being evicted from her house, which I readily agreed to. His mom has not worked for almost a year, she has three other children. She is currently living in a small 3 bedroom duplex with another lady who also has 3 small children and no job. After a week, when she realized that me having my son would mean no child support she changed her mind and wanted him back. She filed an ex parte on me claiming abuse and my son was taken out of his new school which he loved. The judge dismissed the ex parte in less than 5 minutes. Now we're back to where we were before and I only get to see him whenever she wants. We were able to get a mediator to set some arranged times over the holidays. My son wants to live with me. His therapist even advised that he would be better off with me since he'd get more one on one time. His mother has admitted publicly that she has mental issues that keeps her from working. I am going to file for custody, but I know judges tend to lean towards whoever has custody. Is there any way of getting temporary custody until the court hearing? Also, do I need a dna test to establish paternity if my name is on the birth certificate? Will there be an guardian ad litem assigned through the court? This is something I definitely want. I'm not trying to keep my son from seeing his mother, it's important that he does. But I also want to see my son be able to live a stable life, where he knows he doesn't have to go hungry or wear clothes too big or wear shorts when it's too cold. I have a large home with lots of love, support, and anything he needs to become a confident, well-adjusted young man.


Asked on 11/18/10, 10:27 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

You need to hrie an attorney.

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Answered on 11/25/10, 1:19 pm


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