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Mark E. Allen

Mark Allen’s Answers

6 total

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

    My ex-wife and I have currently agreed upon A lower chlid support amount due to my recent change in my job. I now make half of what I was making at the time of our divorce and she is now making a lot more than she was at the time of our divorce. I...

    Mark’s Answer

    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 is served your motion to modify if you had to proceed with a contested motion.

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  • 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.

    My daughter goes to college and has a 6 month old son. the paternal grandmother and 17yr old dad want visitation where they can take the baby and leave. the father does'nt respond to infants cries (not even once), he either leaves or just stares...

    Mark’s Answer

    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 in fact the father and what visitation and custody rights are appropriate in your circumstance. I would consult with a local attorney in your county who has an active practice in family law and child custody cases.

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

    Im trying to move to saint louis to go to college and to better my life for my kids and my lawyer is saying that the judy is going to look at this diffrent as im moving to be with my boyfriend then bettering myself which i am moving with him but i...

    Mark’s Answer

    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 who practices in the county in which your case is pending.

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  • Not seen my kid in 5 yrs

    Im paying child suport and i havent seen my kid since he was born and i have tried to contact her to see him and all and nothing so i stop paying child surport i know i have back now but what is the point of paying if i cant see him or anything .I...

    Mark’s Answer

    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 visitation provisions you should contact counsel to consider filing a motion to obtain specific visitation that would then be enforceable by the court.

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  • 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.

    We are not separated or divorced, yet she has insisted to pursue such paperwork. Due to her 15 year old son from another father, who has become out of her control. Yet, I still get asked to help her try to control his out of control behavior. I...

    Mark’s 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, abusive and/or an immediate danger to your 15 month old then you might consider contacting the Division of Family Services through a hotline report. In any event these are all serious issues with serious ramifications and you should contact an attorney in your area to seek counsel and possibly representation.

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  • Can grandparents sue for custody in the state of missouri?

    I have a 14 year old who has some severe emotional/behavioral issues and is currently hospitalized. Until he was 10, we both lived with my parents. My mother is emotionally and verbally abusive, and we moved out and maintained limited contact wi...

    Mark’s Answer

    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 unfit, unsuitable or unable to be a custodian of your child OR that the welfare of the child requires it and that it is in the best interests of your child that she have custody. On the other hand if you are still married to your child's father and both you and the father do not think it is in your child's best interest to have contact with your mother then the law presumes that you know what is best for your child and it would be more difficult for your mother to pursue custody although she could still try to do so through a guardianship proceeding. I would suggest that you take the time to speak in person with an attorney about these issues in order to determine the full extent of any potential risks that you might have in your case.

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