Mark E. Allen’s Answers

Mark E. Allen

Liberty Divorce / Separation Lawyer.

Contributor Level 6
  1. Does a grandma have rights to a child if the dad is her 17 yr old son? they have consulted a lawyer and we are scared of her.

    Answered about 3 years ago.

    1. Julie Danielle Hixson
    2. Mark E. Allen
    2 lawyer answers

    Yes, potentially they could take the baby for night visits. If the father's name is on the birth certificate and there is no court custody order pertaining to the baby then you have a situation where he arguably has just as much right to custody of the child as your daughter. I am presuming your daughter and the father of the child were never married. As such an order of custody and visitation will have to be sought and entered by a court which makes a judicial declaration that the 17 yr old is...

    1 lawyer agreed with this answer

  2. My wife has issued an ex parte order of protection against me and says she has full custody of my 15 month year old daughter.

    Answered about 3 years ago.

    1. Mark E. Allen
    1 lawyer answer

    First, you can potentially pursue custody of your 15 month old daughter from the court at the hearing on the Full Order of Protection Hearing. If you are not successful at that hearing you can pursue custody and visitation rights through a legal separation or divorce proceeding. An order from the court in your legal separation or divorce will supercede the full order of protection order as it pertains to custody, visitation and support. If the conduct of the 15 year old is seriously detrimental,...

    1 person marked this answer as helpful

  3. How do I get a court order to pay child support removed?

    Answered almost 3 years ago.

    1. Mark E. Allen
    2. Gary D. Denning
    2 lawyer answers

    I would suggest that you contact a local attorney to prepare a joint motion and stipulation to modify the child support amount to the lower amount. Once both of you have signed that the attorney could prepare a judgment modifying that support amount and file those documents with the court for entry of the new judgment. In the event your ex-wife changes her mind I would suggest you do that right away as the law provides that you cannot lower your child support amount any sooner than the date she...

  4. Can i move with in the same state with my kids if im bettering my life and going to school

    Answered about 3 years ago.

    1. Anthony Graceson Laramore
    2. Mark E. Allen
    2 lawyer answers

    I have to agree with Mr. Laramore. As I am sure your attorney has indicated there is a relocation statute in Missouri which requires you to provide specific information and notice of your intention to relocate. If the other parent objects, which I presume is the case in your situation, the burden shifts to you to prove that the relocation is in the best interests of your chiildren. I would follow the directives of your attorney or seek a second opinion from another experienced family law lawyer...

  5. Not seen my kid in 5 yrs

    Answered about 3 years ago.

    1. Steven Edward Weir
    2. Mark E. Allen
    2 lawyer answers

    No, you cannot just drop this and not pay child support. You cannot divorce yourself from your child. You should review your judgment/legal order to determine if you have specific visitation and parenting time. If so, you should contact counsel to determine if a motion for contempt is proper; if Missouri still has jurisdiction you may also be able to pursue a Family Access Motion/Order in order to enforce your rights of visitation. If your judgment/legal order does not have specific...

  6. Can grandparents sue for custody in the state of missouri?

    Answered about 3 years ago.

    1. Mark E. Allen
    2. Melvin G. Franke
    2 lawyer answers

    In short, yes. Your mother could potentially pursue a guardianship to seek custody. In Missouri she would be required to prove that both you and the father of your child are unfit, unwilling or unable to have guardianship or custody. Additionally, if you are divorced (i.e. you used to be legally married to your child's father) she may, potentially, be able to intervene in that action and pursue a petition for third party custody. In that proceeding she would have to prove that both parents are...