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Margaret P. Murphy

Margaret Murphy’s Answers

24 total

  • Can my ex girlfreind put a restraining order on me just cause

    We got into a violent fight that led her to stabing me an she went to jail an I did not press charges thinking we could work it out cause I knew it wouldn have happend if we weren't drunk an on cocaine an then she threw me out two weeks later afte...

    Margaret’s Answer

    In the State of Missouri you have the right to file for an Adult Abuse Order of Protection if someone is stalking, harrassing or hurting you. Upon filing said Order, a Judge either grants it or denies it. Either way, you are granted a court hearing and date. At the hearing you have the right to a hearing. The other side will have to put on evidence to show that you have indeed stalked, harrassed, hurt, etc. that party. The Court's have to follow state law and cannot issue an order just because.

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  • What do I do about this child support issue?

    my ex went to child support to close our child support case 4 years ago while I was in school, I have a signed document that came from the child support office. In 2010 our son graduated from high school and did not pursue college, my ex went to ...

    Margaret’s Answer

    It sounds like you have a very complicated case right now. I am glad you have an attorney. You are going to need a lot of paperwork to prove your case. The Judge is going to have to make several determinations as it relates to child support. First, if child support really stopped four years ago. Second if your and when you child is emancipated. Either way, I would ask for attorney's fees.

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  • What is to close for full missouri restraining order?

    Ex comes with his parents to drop of son. Gets out of car and stands in grass next to side walk our side duples there staring as son is droped off is this a fiolation. it scares me that he will get closer and closer and final the abuse will star...

    Margaret’s Answer

    In Missouri there are two types of Orders of Protection, Adult and Child. It sounds like you have an Adult Abuse Order of Protection against your ex. You need to read it carefully to determine what it encompasses. You should also call your local police department to see how they will intepret it. It sounds like you need to be exchanging your son at a neutral location such as a police station.

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  • If me and the kids father were never married what kind of rights dose he have?

    the kids father and i have been off and on for 8 years..we dont get alone well and he finly was asked to not live with me any more...and shows up when ever he feels like to see his kids. he has been asked to watch them well i go to work but thow h...

    Margaret’s Answer

    In the State of Missouri a father does not have any legal custody rights to his children until it is established through a court order. A DNA test, a paternity affidavit, nor a child support order can change that. In Missouri in a paternity a Mother is assumed to have sole legal and physical custody of the child with all visitation time. That means the Mother can move anywhere at any time and does not have to noify Father. It sounds like you need to establish that he is legally Father, set up some custody time and settle all financial issues between the two of you. All of that can be done through a paternity action. I would advise you to seek the advise of an attorney to get started.

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