Patrick William Pedano’s Answers

Patrick William Pedano

Chesterfield Divorce / Separation Lawyer.

Contributor Level 9
  1. Can a 15 year old be subpoenaed to court to testify against her father?

    Answered 8 months ago.

    1. Patrick William Pedano
    2. M. Todd Miller
    3. Jennifer L. Ellis
    3 lawyer answers

    Pursuant to Missouri statute a child can be called to testify in any case in which the child custody is at issue. However, in order to ensure the child is protected and comfortable when providing their testimony, the court can and should require that the questioning of the child be conducted "in camera." And in camera questioning of the child means that the child will be questioned by the judge in chambers or in a closed court room outside of the earshot of both parents. Given the unique...

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  2. Family law

    Answered 9 months ago.

    1. Patrick William Pedano
    2. M. Todd Miller
    3. Allison Greenlee Korr
    3 lawyer answers

    In Missouri the court can only modify a child custody order if you show that there has been a continuing and substantial change in circumstances that render the current custody order contrary to your child's best interests. It is not uncommon for the court to find that the parent dating a new person can constitute a change in circumstances, however, all possible changes in circumstance effecting your daughter should be pleaded in your Motion to Modify. The criminal record of party's the child...

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  3. How do I change my child support amount?

    Answered over 2 years ago.

    1. Patrick William Pedano
    1 lawyer answer

    Child suppot, like child custody is always modifiable. Therefore, you seek to have the court review and modify your child support award so long as you can show there there has been some substantial and continuing change in circumstance that will effect your child support award. Based upon the very little you have said, it appears as though you have sufficient basis to seek a modification of your child support. A modification of child support can be done through the Missouri Department of...

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  4. How to deal with this?

    Answered over 1 year ago.

    1. Patrick William Pedano
    2. Joshua T. Mathews
    2 lawyer answers

    You obviously need a divorce, however, all divorces will have some level of cost associated with them. The dissolution process is vey complex and you'll need the assistance of an experienced attorney. Especially if custody is at issue. This is not something you should try to save a buck on. If handled improperly it can have lasting negative effects for years to come.

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  5. My husband has moved in with a lady that had her kids taken away for child abuse. I am afraid to send my son to his dads

    Answered 9 months ago.

    1. Patrick William Pedano
    2. Alan James Brinkmeier
    3. Samuel Cohen
    3 lawyer answers

    Depending on the status of her previous child abuse case you may have a basis to refuse custody. In Missouri a parent cannot have physical custody of children if they, or anyone they live with, has been found guilty or has pleaded guilty to a list of various offenses against children. It is important to determine exactly what his live in girlfriend has been found guilty of. If she falls into this list of offenses ten it will be necessary to file a motion to modify your current custody...

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  6. If a divorce judgment is appealed, does that automatically stay the property division in the judgement?

    Answered about 1 year ago.

    1. Joshua T. Mathews
    2. Patrick William Pedano
    3. Harry Edward Hudson Jr
    4. Benicia A. Baker-Livorsi
    4 lawyer answers

    The filing of an appeal does not stay the property division. If you could benefit from the division as set forth in the underlying judgment then you need to seek an appellate bond I ensure that you are made whole free the appeal.

    3 lawyers agreed with this answer

  7. Wife pregnant during a divorce by another man. Will this delay it?

    Answered over 1 year ago.

    1. Patrick William Pedano
    2. J. Richard Kulerski
    3. Joshua T. Mathews
    3 lawyer answers

    Under Missouri law the court cannot grant a final divorce while your wife is pregnant. The divorce cannot be finalized until after the child is born, because the court has to rule on the paternity if the unborn child. Because there is a legal presumption that the child is yours since you're still married, the biological father of the child may need to be interplead or added as a party to the action so this can be done. I hate to be the bearer of bad news, but this will severely delay your divorce.

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  8. My divorce from my ex was final on 3/15/12 but she married another man on 10/31/08. Can I still press bigamy charges?

    Answered about 2 years ago.

    1. Patrick William Pedano
    2. Steven Edward Weir
    3. Robert Ricci
    3 lawyer answers

    If your divorce was not finalized until 2012 and she married another man in 2008, then her marriage to her second husband was not technically legal, as you cannot marry when you are already married to someone else. Technically, she is committing bigamy, however, you cannot press charges. Only the prosecuting attorney can seek criminal penalties for violation of a criminal law. The best you can do is inform the prosecuting attorney of the bigamy and let them investigate it.

    3 lawyers agreed with this answer

  9. Would being legally separated protect an inheritance in MO or IL or do I need divorce?

    Answered 9 months ago.

    1. Leonard Komen
    2. Danny L. Curtis
    3. Patrick William Pedano
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    As Mr. Kinematic correctly stated, all property acquired through inheritance, so long as it is kept in your sole name and not commingled with other martial property, will remain your separate property and will not be subject to division in a divorce. However, all interest or dividends, and some increase in value in separate property or inheritance can be considered marital and your spouse could receive a portion of this. Additionally, a large inheritance could put you at risk of paying your...

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  10. Please, I need to know how difficult would it be for my grandchild to be taken back by her mother, when I've legal guardianship?

    Answered 11 months ago.

    1. Patrick William Pedano
    1 lawyer answer

    With you having been awarded letters of guardianship previously by a court, the only way that your daughter or the child's father could seek to have the child removed from your care would be for her to file a Petition for Termination of Guardianship with the court. In ordering the guardianship previously, the court made a finding that your daughter and the child's father were unable to carry our their essential obligations as parents for your granddaughter's basic needs. For your daughter to...

    2 lawyers agreed with this answer

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