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Patrick William Pedano

Patrick Pedano’s Answers

97 total


  • Grandparent rights in child custody, I have grandparent rights in Missouri, shortly after going to court my ex-son in law moved

    He moved to Overland Park Kansas. The order states that I am allowed to see my granddaughter once a month and he is to bring her to me. My daughter, her mother passed away while married to this man. I have not seen her but a couple times in the...

    Patrick’s Answer

    It sounds as though he's in violation of both the court order (since he is not pro using you the custody time you are allotted in the Judgment) but has also violates the Missouri Relocation Statute which requires that he provide all parties with rights of custody/visitation with a certified letter 60 days before his intended live date providing the child's new address, new phone number, the move date, a list of reasons justifying the move, and a proposed revised visitation plan for the child. If he fails to provide this information he is in violation of the statute and the court can penalize him and force him to return to the state of Missouri with the child. Contact a local attorney who specializes in family law to discuss your options.

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  • "Is it illegal for one parent to lie about whereabouts of the child to the other parent?"

    The father of my child said he was taking her to Alabama but I received a phone call from child stating they were in Florida the day they arrived. Child is 9. We were never married, custody settlement in place- joint legal and physical custody.

    Patrick’s Answer

    While likely not "illegal" in that a criminal law has not been violated, if you have a current custody plan in place it should provide a specific set of rules and notice procedures for out of state travel with the child which requires that he provide you with information concerning the location where the child will be staying. If he has violated the terms of the parenting plan you can file a Motion for Contempt against him for violating the parenting plan.

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  • Can claiming child neglect influence temporary custody?

    First, please don't respond with ask my attorney. Our child has been in my primary care since my wife left. My wife has committed acts of child neglect towards our child, the evidence will show. My wife's lawyer filed for temporary custody, with a...

    Patrick’s Answer

    An allegation of abuse or neglect in a child custody matter will mandate that the court appoint a guardian ad litem for the minor child. Often, the court will delay the establishment of a temporary custody order while the guardian as litem familiarized him or her self with the case. If there are allegations of abuse or neglect you'll need to inform the court of these issues as soon as possible by filing a motion to appoint a guardian ad litem.

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  • My divorce was final in March 2013. I did not have adequate representation in off and on through out.

    Final hearing I was not represented and I was not given the opportunity to testify even tho my husband was. This was a common theme. My ex husband threat ended me because he knew I didn't have a lawyer and like an idiot I agreed to get no child ...

    Patrick’s Answer

    Your ability to seek to set aside, amend, or reopen your judgment will be based on some technicalities that can only be determined after a long review of your judgment and after obtaining a great deal more information. Luckily, child support and child custody judgments are always modifiable, so long as there has been a change in circumstances that makes the child support or child custody judgment no longer reasonable. You should seek out an attorney as Soon as possible to discuss your options since some of your possible relief may be time sensitive.

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  • My question is for my step daughter. When her son was 6 mths she went to Mississippi but her actual residence was Missouri. Wh

    While there father came and picked him up with the intentions of a visit. They supposedly had a lawyer and papers were drawn up that she lost custody and had to pay child support but they didn't even go to court. I have the papers but don't kno...

    Patrick’s Answer

    If a petition was filed in court and your step-daughter was served but fails to respond its possible that a default judgment was entered against her. Another possibility is that an emergency custody order was entered ex-parte and this is what she was served with. Any proper court order would have a judges signature on it. It's difficult to provide you with more information without seeing the documents on question. You should seek out an attorney who practices in the jurisdiction where te court order is from so he or she can inform you step daughter of her option.

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  • What can I do about a father who has a wage garnishment for child support and payments have stopped?

    My child's father has a wage garnishment for child support. Currently he owes over $3,000 in back support with a wage garnishment ordered. I have not received a payment in over a month for the garnishment. Is there anything I can do in this sit...

    Patrick’s Answer

    It could be that he changed jobs of lost his job. If that's the case it could take time for the State child support system to catch up and find his new employer and begin garnishing his pay again. If he is hiding his income or working under the table then a garnishment of his bank account or other assets may be required to obtain your child support. In extreme situations the only way to obtain payment of our child support is to ask the court to hold him in contempt and possibly jail him until he makes payment. You should seek the help of an experienced family law attorney in your area to assist you in determining which route is best for you.

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  • I live in St. Louis mo..My 16 year old son wonts to change his name to his step dads .He has not talk are seen his dad four 7 yr

    His real dad wonts nothing to do with him.I just wonted to know if his dad could stop it even when he hasn't seen are talk to him in over 7 years.

    Patrick’s Answer

    Our son needs to file a Petition for Name Change with his local court. The right of his father to seek to block the name change will be dependent upon the type of custody, if any, awarded to his father. Even if his father has a right to contest the name change, the court can still effectuate the name change if they find that it's in his best interest. You'll need to contact an experienced family law attorney who is familiar with your local court to file the name change on your sons behalf and to discuss the unique circumstances surrounding any challenges his father may levy.

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  • Went threw divorce and wifes lawyer put down i will pay property equilization payment .of 600 amonth .what is that mean

    it was supposed to say car insurence half the house payment and workshop electric and cell phon payment ,.he lumped it all together and called it this pep which now she has canceled ins phone and electric and im stuck paying this pep till she dec...

    Patrick’s Answer

    Property equalization payments provide a means of balancing a property and debt division upon a divorce. This is usually done as a lump sum payment and not as a monthly payment. It sounds as though this equalization payment is acting in lieu of maintenance. You ability to fight this payment will be based on the unique wording of your decree. Before an attorney can properly advise you we would need to review this in detail. I suggest scheduling a consultation with an experienced family law attorney on you area to discuss your options.

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  • How much time is allowed for serving a petition for divorce on someone from another country?

    The country involved is Northern Ireland (British). Divorce papers were filed in St. Louis County in July 2013 and, per Casenet, it would appear that respondent has not yet even been served. My attorney has told me not to call him; if there is a...

    Patrick’s Answer

    In Missouri a petition for dissolution is served with a summons. Each summons is only valid for a 30 day period from the date positions. Therefore 30 days have gone by since the summons was issued then you cannot obtain proper service upon the opposing party regardless of where he or she is located.

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  • Can a 15 year old be subpoenaed to court to testify against her father?

    There is a protection order against my ex husband for tampering with wiring and gas lines in my home after our separation. My 15 year old daughter was home with her younger siblings when my ex husband (the childrens father) entered my garage. I c...

    Patrick’s Answer

    • Selected as best answer

    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 nature of your case and severe consequences that can occur, I highly suggest that you retain counsel to assist you in the defense of your claim.

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