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Sally Swyers Rajnoha
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Sally Rajnoha’s Answers

15 total


  • Can he get one if I don't sign for it and how long does he have to wait to get one

    My husband left me with three kids now he wants a divorce I don't

    Sally’s Answer

    I agree. He will get the divorce (or a legal separation, if the court decides that the marriage is NOT irretrievably broken), but it is inevitable that he will get one or the other if he doesn't want to be married any more. Missouri does not force people to stay married.

    There is a minimum thirty-day waiting period before a judge can sign off on a divorce, assuming you do not file any response.

    After you are served, you have another thirty days to file your response. In most situations, you can delay it for a while, but eventually a hearing will be set to determine the issues and the judge will issue an order for divorce or legal separation. If you demand a trial, it will take longer, but remember that the costs of trying a divorce case will be more than settling the issues.

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  • Is it common practice for attorneys keep original wills and only release copies until the death of the creator of the will?

    no more details

    Sally’s Answer

    We always give the original will to the client, to be kept in a safe place such as a safety deposit box or safe. We instruct them to be sure their loved ones know where the will is.

    It is my opinion that since lawyers move around to different law firms, retire, and die (unfortunately), it might be difficult for the family to find the lawyer 10, 20, 30 years from now.

    Also, since sometimes the family wishes to choose a different attorney to probate the will, it would be less awkward.

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  • Adoption?

    My boyfriend and I are getting married soon. My daughter's biological father isn't in the picture. He's not on the birth certificate, doesn't ask about her or to see her but pays child support every 4 weeks for her. My boyfriend, soon to be husban...

    Sally’s Answer

    If your husband wants to adopt your child after you are married, you will either need her father's consent or a hearing will be held to determine whether his rights should be terminated. It would be much easier if he agrees to give up his parental rights and consent to the step-parent adoption. His child support would then stop.

    You definitely need to sit down with a family law attorney to discuss this matter.

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  • Naming the child the fathers last name?

    I named both my children the fathers last name due to false promises . Does a name affect anything in a custody case?

    Sally’s Answer

    I agree with Mr. Hardin. The children's last name should not affect the custody case. The judge must determine what is in the best interest of the child based on your evidence and testimony. The judge will probably appoint a guardian to represent the child's interest and investigate your situation.

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  • My daughter's father signed an affidavit to show he is the father of my child. We were still together but I have found out that

    He has been cheating. He does nothing to support the child so I have a child support case against him. I want to change my daughter's last name from his to mine but the court suggests I go for custody. The child lives with me and only I have been ...

    Sally’s Answer

    The judge must decide what is in the child's best interest. Contact a family law attorney in the county where you live for more information. The judge will undoubtedly appoint a guardian ad litem to represent the child, and that person will investigate your allegations.

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  • How to finalize sale of divorce property?

    The property has been sold. My name isn't on deed. We were married when it was purchased in full. Divorce decree gives me the listing agreement and half of sale. It has been listed for 8 years. Buyer is still interested but just as frustrated as I...

    Sally’s Answer

    You will probably need to file a motion to enforce the terms of the divorce decree. The court may appoint a commissioner or receiver to handle the sale and carry out the terms of the court order.

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  • Has anyone ever seen either NO VISITATION or SUPERVISED VISITS in a final custody order?

    Just a general overall question. In my situation, there are proven allegations of child neglect and currently supervised visits until something changes with the other parent.

    Sally’s Answer

    Yes, if the judge feels that unsupervised visitation is a danger to the children, he/she can order supervised visits. Sometimes that is in the presence of the other parent or a relative and sometimes it is through the court.

    In my experience, it is not common that there is NO VISITATION but it is certainly possible, depending upon the circumstances.

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  • Rights regarding getting visitation.

    I pay child support for my daughter and my name is on the birth certificate. My daughter's mother refuses to let me see her. What are my rights in regards to pushing for visitation? The mother lives in St.louis county mo and I live in Farmington m...

    Sally’s Answer

    The sooner you file a case under the uniform parentage act, the sooner you can see your child. As the previous attorney stated, it takes time to build up a relationship but the court will assign a guardian for your child and will help put together a visitation schedule. Do not stop paying the child support even if you can't see her because it will continue to build up.

    You will probably need to file the case in St. Louis County where your daughter resides. Good luck.

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  • Cheapest and easiest way to get a divorce and back child support and to keep my house that I bought. my daughter is 21

    married in 1993 daughter born 1994 he abandoned us in 1996. owes nearly $20,000 in child support. I finally bought a house for myself last year in my name only. I want to keep it and get a divorce and make him pay my child support owed. He lives i...

    Sally’s Answer

    The cheapest way would be to represent yourself, but what you have described is a complicated situation. I would advise you to try to hire an attorney. If you cannot afford one, you may qualify for legal aid.

    The easiest? There is no easy way if you have these complex issues such as your husband working for cash. It involves a great deal of investigation and discovery to prove that, and then to collect back support. Also, it will be very difficult to put a lien on the property he quit claimed to his sister. There are firms who specialize in child support collection. They may be able to give you more information on that.

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  • How many times can a person continue a court date in relation to a child custody case?

    Currently, the mother has continued the court date 3 times and avoided mediation as well. Is there a limited number of times or will she just be able to continue the court date? Father has been paying child support for a year now. No visitation...

    Sally’s Answer

    That would be up to the judge. Some are very lenient and others are strict. You can almost always get one if it's an emergency, but if they feel like you're trying to drag things out, they may not allow it.

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