Margaret P. Murphy’s Answers

Margaret P. Murphy

Clayton Family Law Attorney.

Contributor Level 6
  1. When DNA is done through FAMILY DIVISION who gets stuck with the bill? how much is it per person in missouri?

    Answered almost 2 years ago.

    1. Margaret P. Murphy
    2. Lisa D. Faulstich
    3. Virginia Giselle Alvarez
    3 lawyer answers

    If you have done your DNA test through the State of Missouri, they usually pay for the DNA testing. If they will not, the biological Father and Mother generally have an obligation to pay the bill. If you are unable, you will probably have to have your attorney bring this issue up to your Judge.

  2. How would I go about getting guardianship of an unborn child?

    Answered about 2 years ago.

    1. Margaret P. Murphy
    2. Peggy Margaret Raddatz
    3. Denise M. Bierly
    3 lawyer answers

    I would also suggest talking to a family law attorney and get the paperwork started. Please remember that a guardianship will allow you to have rights with the unborn child. It does not terminate your daughter's or the father's rights.

  3. Do I need to file for full custody through a court or would I already be the sole guardian?

    Answered about 2 years ago.

    1. Henry Paul Elster
    2. Margaret P. Murphy
    3. J Christopher Allen
    3 lawyer answers

    In the State of Missouri, paternity can be established through a court order that establishes paternity, child custody and child support. Child Support can be estabished through a separate action through Child Support Enforcement. Do you have an order from a Circuit Judge? If so that is the one you need to be following. If you do not have a court order, then you as the mother are presumed to have sole legal and physical custody of your son.

  4. My husband is in prison and refuses to sign divorce paperwork, what can I do?

    Answered about 2 years ago.

    1. Margaret P. Murphy
    2. Ophelia Genarina Bernal-Mora
    2 lawyer answers

    In the State of Missouri, you have the right to a default divorce. You can personally serve him by sheriff or process server. Then wait thirty days. If he has not done anything or entered an answer, you can ask the Court to set your case for default. They will give you a court date, you will have a hearing on the record, and the Court will enter your divorce.

  5. In Missouri, what is the legal age that a child can decide which parent to live with if the parents have joint custody?

    Answered about 2 years ago.

    1. Margaret P. Murphy
    2. J Christopher Allen
    2 lawyer answers

    In the State of Missouri, judges have the ultimate discretion. The statues state that children have a say when they get older, usually around 14. If your daughters' have expressed a strong preference, when you file your Motion to Modity the Judge will appoint a Guardian ad Litem. Your daughters will have to express their preference to the Guardian ad Litem.

  6. I bailed my son out for missing a court date 2500.00 and a lawyer is telling him that my money could go for back child support

    Answered about 2 years ago.

    1. Margaret P. Murphy
    1 lawyer answer

    Yes, your money could be used for back child support. Did you pay the money to the prosecutor or Department of Child Support Enforcement so the warrant would be dismissed? Or did you pay it through a bail bondsman? If it was through the prosecutor or DCSE it is likely the money would go for the back support.

  7. DIVORCE TAKING TO LONG

    Answered about 2 years ago.

    1. Margaret P. Murphy
    2. Peggy Margaret Raddatz
    3. J. Richard Kulerski
    3 lawyer answers

    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.

  8. 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?

    Answered about 2 years ago.

    1. J Christopher Allen
    2. Margaret P. Murphy
    2 lawyer answers

    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.

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

    Answered about 2 years ago.

    1. Margaret P. Murphy
    1 lawyer 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.

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

    Answered about 2 years ago.

    1. Margaret P. Murphy
    2. Melvin G. Franke
    2 lawyer answers

    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.