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Irene Costas

Irene Costas’s Answers

6 total

  • Does a grandparent have any rights to a child that has been adopted?

    What rights are there for a grandparent of a child that has been adopted to an extended family member? This is not a closed adoption. Can they have a unsupervised visitation? If not how do we go across with doing so?

    Irene’s Answer

    Generally, the parents of a child, whether biological or adopted, control who that child can visit. This includes grandparents and extending family members. So the only way for most grandparents to visit with a grandchild is to ask the parents.

    However, Missouri law does allow grandparents limited rights to petition the court for visitation with a grandchild. Typically a grandparent can only petition the court for visitation if they meet one of these requirements: 1) the parents of the child are divorcing, 2) one parent of the child is deceased and the surviving parent denies visitation to the grandparent, or 3) the child has resided in the grandparent's home for at least 6 months within a 24 month period and the grandparent is denied visitation for 90 days, as long as the parents are legally married and living together with a child, the grandparent may not file for visitation under this option.

    You may wish to consult with an attorney to see if you qualify to petition the court for grandparent visitation.

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  • If a tenant gives me verbal notice that they are moving can I hold them to it or do I need to go through the eviction process?

    I have a renter who gave me verbal notice that they were moving. The date they told me they would be moved has come and gone but they are not even trying to move their things.

    Irene’s Answer

    If you have a lease, you may want to confer with it to see what notice is required. If you want to terminate their lease, you must provide notice in writing to the tenant.

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  • Can I sue a lounge for no proper protection , Me and my boyfriend got rob outside , there was no lights where park at ,

    Rob outside of a lounge , no lights no security around

    Irene’s Answer

    You can always sue. The real question is whether the lounge is liable for the robbery and that depends on many factors. Its best to consult an attorney to discuss the specifics in your case.

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  • My dad had a beneficiary deed on his home. We found liens on it on 1 of 6 siblings. Can liens be placed b4 actual ownership

    Most of the liens are tax liens. The state of Missouri refuses to remove any of them until they are totally paid. My share of the proceeds will not pay off all the liens. I have lost everything in the past five years and do not have the money t...

    Irene’s Answer

    The State of Missouri can place tax liens on your father's property, if he failed to pay the taxes. These liens should be for taxes incurred during your father's lifetime. The liens will likely have to be paid before the property can be sold to new owners. You should speak with an attorney to have a clear view of your rights.

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  • I lived with my parter for 14 years in his home in Independence MO. He passed away recently and did not leave a will.

    I was not on the mortgage or deed. His next of kin would be his brother as his Mom has passed as well. I'm assuming he will be named administrator of his estate once probate starts. My question is at what point do I begin paying rent again? I'...

    Irene’s Answer

    Unfortunately you dont have many rights, if you do not have a written lease. Although he should give you thirty day notice before he changes rent or terms, it doesn't mean he will. Additionally, if the brother inherited the property he may considering selling it. You might want to consider looking for a new place.

    **The choice of a lawyer is an important decision and should not be based on advertisements. No attorney-client relationship is formed in this answer.**

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  • If one parent refuses to give their address to the other parent, is that considered kidnapping?

    my daughters father keeps moving and changing phone numbers. i haven't had his home address for 2yrs. is there anything that can be done?

    Irene’s Answer

    If you have a current divorce or paternity judgment which includes a parenting plan, then under Missouri law Dad is required to inform you of his intended address and contact information 60 days in advance of any move.

    To enforce this provision, you will likely have to File a Motion for Contempt. I recommend that you talk to a family law attorney in your area for further information

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