Daniel Dean Brogdon’s Answers

Daniel Dean Brogdon

Springfield Divorce / Separation Lawyer.

Contributor Level 8
  1. Can ex husband take me court for having to pick kids up at my home? Which is around 30 minutes from him one way.

    Answered over 2 years ago.

    1. Daniel Dean Brogdon
    2. Michael Patrick O'Shea
    2 lawyer answers

    There isn't a great deal of information in your question, but from what I can tell: 1) you have "full" (does that mean sole?) custody of your children, 2) he gets visitation every other weekend, and 3) it is his responsibility to transport the children. The answer to whether he can take you to court is almost always "yes". The question that matters is "Will he succeed?" Under these circumstances, I assume that you have a custody order in place (ex-husband, you have full custody). In order...

    4 lawyers agreed with this answer

  2. How should I handle an email to our 12 year old from his father that said...

    Answered almost 2 years ago.

    1. Daniel Dean Brogdon
    2. Kendall Ian Thiessen
    2 lawyer answers

    This is only one e-mail, however, it is not something normal people say to their children. If there is a pattern of behavior like this, it could certainly form the basis to modify the parenting plan, i.e. "ask a judge to revoke [his] visitation."

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  3. Please help with question about Statute of limitation for a crime

    Answered over 2 years ago.

    1. Daniel Dean Brogdon
    2. Andrea R. Rogers
    3. Melvin G. Franke
    3 lawyer answers

    If he took less than $500 worth of clothes, he could probably only be charged with a misdemeanor, the statute of limitations for which is one year, i.e. over a long time ago. Even if he took over $500 worth of clothes, and could be charged with felony stealing, the statute of limitations for felony stealing is three years, i.e. still over. Thus, your son is probably in the clear. The part of the statute that you're referring to is a "tolling" provision that stops the statute under certain...

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  4. Ive been introuble throughout my whole life 2cnd degree assault on law enforcement officer w/ spi class b felony

    Answered about 2 years ago.

    1. Daniel Dean Brogdon
    2. James Regan
    2 lawyer answers

    I mean this to be blunt, not disrespectful. You need to quit messing around on the internet and get an attorney hired as soon as possible. And you should not say another word online about what happened.

    3 lawyers agreed with this answer

  5. I'm 16, engaged to a 21 year old, and we just found out that i'm pregnant. Can he get into trouble?

    Answered over 2 years ago.

    1. Daniel Dean Brogdon
    1 lawyer answer

    Under Section 566.034, RSMo, "A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age." Further, under Section 566.023, RSMo, "It shall be an affirmative defense to prosecutions pursuant to sections 566.032, 566.034, 566.062, 566.064, 566.068, and 566.090 that the defendant was married to the victim at the time of the offense." This means that the fact...

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  6. What does a mandatory court appearance without a fine mean for a parking ticket?

    Answered about 2 years ago.

    1. Daniel Dean Brogdon
    2. Rachel Lynn Foley
    2 lawyer answers

    Mandatory court date probably means exactly what it sounds like - you have to go to court. The "Stop Stand Park Prohibit" thing is probably a charge code that may cover the ordinance under which you are charged. Read through the tickets again and make sure they are for the same thing - you may be able to assert double jeopardy.

    2 lawyers agreed with this answer

  7. How can they take my son without no warnig

    Answered about 2 years ago.

    1. Daniel Dean Brogdon
    2. Steven Edward Weir
    3. Peggy Margaret Raddatz
    3 lawyer answers

    I'm not sure why you waited a year to ask, but this is way too serious for you to try to resolve on any website. Go talk to a lawyer.

    2 lawyers agreed with this answer

  8. Can a 16 year old be charged with death threatening a 15 year old during school, even though it is hear say?

    Answered about 2 years ago.

    1. Daniel Dean Brogdon
    2. Steven Edward Weir
    3. Orion Jacob Nessly
    3 lawyer answers

    I think you need to talk to an attorney. From the information given, it's hard to say whether and what charges might be brought against the older boy. If he is "charged," even in juvenile court, and she testifies that he said these threatening things to her, the statement is a statement of the defendant and is not considered hearsay (therefore, it gets in and can be considered for its truth). Again, talk to an attorney in your area.

    2 lawyers agreed with this answer

  9. Following trial and submission of findings of fact and law, how and when can I submit new /updated evidence?

    Answered over 2 years ago.

    1. Leonard Komen
    2. Daniel Dean Brogdon
    2 lawyer answers

    Are you doing this by yourself? If so, there are ways to potentially get the evidence re-opened. If you are represented, talk to your attorney.

    1 lawyer agreed with this answer

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  10. Living in Missouri as the mother with child of 4 years of age, while Father lives in Texas, what are his rights?

    Answered about 2 years ago.

    1. Daniel Dean Brogdon
    2. Michael Patrick O'Shea
    2 lawyer answers

    I can't tell from your question whether the "child support" you refer to is court-ordered, administrative, or none of the above. If it is court-ordered, it likely comes with a custody and visitation order. If that is the case, he has whatever rights are specifically delineated in the order. If it is administrative child support only, then it is unlikely that it is accompanied by a custody and visitation order, but highly likely that it is accompanied by a finding of paternity. The...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful