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Margaret P. Murphy

Margaret Murphy’s Answers

24 total

  • DIVORCE TAKING TO LONG

    All we want is a simple divorce and his lawyer knows this I;m giving up everything even the house simple as that. I've talked to Carrie Boyd in Pittsfield,Illinois and told her all of this been leaving her messages and no return calls back to me o...

    Margaret’s Answer

    Barbara, It sounds like you need a lot more information. you need to leave another message to the attorney. The contact the courthouse where your divorce is filed and see if the attorney has withdrawn or if you have an upcoming court date. It could be that the court clerk could give the information that could help you move forward. If you and your ex are still on good terms, the bank can sometimes prepare a form for you both to sign so you can buy your home.

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  • I live in Missouri with the father of my child. We are not married. Can I go visit my Mom in Kentucky without his permission?

    We have been fighting and I am not sure what he can do leagally if i take our son out of state.

    Margaret’s Answer

    In the State of Missouri, your son's father has no legal rights to your son until a custody order has been entered by a Judge. So yes, you can take your son out of state without his permission.

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  • I'm worried if we are doing what's best for our child.

    The father of my daughter decided that we would keep it out of court with visition but I'm not sure that we are doing the right thing our daughter is attached to me badly she never wants to go to her dads she use to through a fit when it was time ...

    Margaret’s Answer

    You did not mention in your question about how old your daughter is now. I think it is very important that you have a parenting plan. You need a legal document that spells out who covers medical and that you need a card.

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  • Can I file for visitation after my rights were involuntarily terminated in 2001. The Father & I were denied an Attorney 3 ×'s

    Judge Bader was involved in Major controversy over removing and terminating rights of hundreds. My story is very long, so I can't possibly tell all of it. This also resulted in the suicide of my kids Father 2 months after they were taken from us. ...

    Margaret’s Answer

    You need to contact a family law attorney immediately. If your rights were terminated you will have a lot to do to reestablish contact with your children. If this is a well known scandal then you will have that to work with in your favor.

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  • Do I need to go through family court and get permission to move out of state with my kids?

    I am not with the children's father. We do not currently have custody arrangements and there are no visitations set up. He does pay child support but has not contacted me or my children since 12/26/2011. I am married now and my husband and I are r...

    Margaret’s Answer

    The answer to your question depends on your legal status with your children's father. Were you married? If so then he does have certain rights to the children. If you were not married, then his legal standing is much different. I would tell you to contact an attorney and bring all of your relevant paperwork prior to any move.

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  • My husband said he is going to take my children from daycare and keep them for the weekend. Can he legally do this?

    My husband has used crack cocaine before, he lives in his vehichle/a ladies house in Illinois, he supposedly just quit a job that paid $1.00 an hour.

    Margaret’s Answer

    Since you are legally married and have not court order in place, then yes your husband can legally take your children for the weekend. If you believe they are in danger with him or he has put them in danger, you need to consider a Child Order of Protection, as well as filing for divorce.

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  • Wondering what's going on

    Had a protection order against Bio mom for six months for abuse on the children then she received supervised visits for 6 months and still could not do what was right do Bio mom terminated visits tell the trial but day before trial my attorney cal...

    Margaret’s Answer

    You need to talk to your attorney about why the case was continued, and why only the other party had to be present in court. You have the right to be at every one of your court dates. If your attorney is unable to explain to you what is going on, you need to go to the courthouse and review your court file.

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  • I am a 19 year old preg woman. The father of my baby keeps trying to Talk me into adoption

    He says if I don't put it up for adoption he will sue for custody. What steps should I take to protect myself and this child??

    Margaret’s Answer

    Please be aware that both you and the father have certain rights to your unborn child. However, until you or the father files for Paternity, you will have sole legal and physical custody of your child. The father will have no rights to the child. A paternity action will help determine three things: who is legally the father of your child, set up a parenting plan and decide all financial decisions between you and the father.

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  • Can my ex get custody of our son?He has lots and lots of criminal history including child endangerment

    For selling meth with him there,several felonies, been to prison and is on probation now and just had a dirty ua and 3 dirty sweat patches

    Margaret’s Answer

    In Missouri the Family Court judges use the standard of what is in the best interest of the child. From your description, it does not sound as though your ex has acted in your son's best interests. However, the ex still does have custody rights. You will need to have a judge determine if he should have supervised contact with your son. If supervised visitation is successful, it may be the Judge wants to move to unsupervised contact. When your case is heard at court, because you have alleged abuse and neglect, the Judge will have to appoint a Guardian ad Litem. A Guardian ad Litem is an attorney who is appointed to represent your son's best interests. The GAL will be a strong advocate to procted your son.

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  • If i give my exwife full legal and physical custody, does that mean i singed over my rights as a dad?

    i was trying to join the military and i had to gave my exwife full legal and physical custody of my sun.

    Margaret’s Answer

    In Missouri it is very difficult to have your parental rights terminated unless there is just cause or someone is stepping in to take the role of that parent. If you signed paperwork giving your ex wife physical and legal custody that does not mean you have had your rights terminated. It sounds like you have agree that she will have sole legal and physical custody. You still have rights to your son, including visitation.

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