Adoptions | Domestic Abuse | Paternity Issues | Child Support Issues | Divorce | Child Custody
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Family Law often involves many stressful issues that tend to hit us the hardest when we feel the most vulnerable. A strong support system combined with a good family law attorney will help guide you through these emotionally and financially difficult times.
When going through a divorce, there are certain circumstances where neither party would be required to appear in court. This is called an affidavit or uncontested divorce.
Generally speaking, the parties in an uncontested divorce can avoid ever needing to appear in court. In Missouri, many courts allow the submission of a divorce case by affidavit.
Missouri Family Law Info:
Whether you are going through a divorce, a legal separation or a child custody dispute, you should educate yourself on Missouri family law. Missouri family law is the area of law that covers such domestic-related issues as marriage, divorce, spousal support, child support and child custody.
In this article, you will learn about seven important Missouri family law topics. If you have additional questions, you can seek the advice of an experienced Missouri family law attorney.
1. Missouri Family Law Courts
Whether you are going through a divorce or seeking to modify a child support order, you will want to file the legal paperwork with the Missouri Circuit Court in the county in which you reside or in which your spouse or child’s other parent resides.
2. Missouri Child Custody Dispute Factors
If you share custody of a minor child and are going through a divorce, legal separation or are seeking sole custody of the child, you will want to file a petition for child custody with the proper court.
When determining to whom to award custody and whether it is sole custody or joint custody, the judge presiding over your case will consider the following factors:
- The wishes of the parents and their proposed parenting plans
- The child’s need to have a meaningful relationship with both parents, as well as the parents’ willingness and abilities to facilitate that
- The interaction and interrelationship of the child with parents, siblings and others who may impact the child’s best interests
- Which parent is more likely to allow the child frequent and meaningful contact with the other parent
- The child’s adjustment to school, home and community
- Any history of abuse, as well as the mental and physical health of all parties
- The wishes of the child
- The intention of either parent to relocate
3. Factors in Deciding Missouri Child Support
According to Missouri State child support laws, judges presiding over child support cases should factor in the following when making child support decisions:
- The financial needs and resources of the child
- The financial needs and resources of the parents
- If it is a divorce case or a legal separation, the standard of living the child would have enjoyed but for the divorce or separation
- The physical and emotional condition of the child
- The specifics of the custody arrangement
- The reasonable work-related childcare expenses of each parent
4. Altering Missouri Custody and Child Support Orders
According to Missouri family law, only a judge can alter a custody order or a child support order. Even if the parents come to an agreement outside of court, it will not be considered a legal agreement.
Instead, the parents should file a motion to modify child support or a motion to modify child custody and support.
Even when filing this motion, parents will have to show that circumstances have changed since the order was originally put in place and that the new arrangement would be in the best interests of the child.
5. Mediation in Missouri Child Custody Disputes
If parties to a divorce or a child custody dispute would rather avoid the stress, time and expense of a lengthy trial, they can opt to negotiate the terms of their dispute in mediation.
Mediation is a confidential process in which an impartial third party facilitates communications between the two parties to promote an agreement.
The agreements made in mediation must be brought before a judge, so the judge can enforce the agreement through a court order.
6. Missouri Child Support Enforcement
If a non-custodial parent is refusing to pay child support, then the custodial parent can take action to enforce the child support order. A non-custodial parent is the parent who does not have physical custody of the child, while a custodial parent does.
If you are having problems collecting child support from the non-custodial parent, you can attempt to enforce the order yourself, you can hire a Missouri family law attorney to assist you or you can contact the Family Support Division of the Missouri Department of Social Services, also known as the FSD.
The FSD can then take the following actions:
- Garnish the parent’s wages or benefits
- Intercept the parent’s tax refunds or lottery winnings
- Order employers to enroll the parent’s children in health care plans
- Report parents to credit bureaus
- File liens against personal property
- Suspend licenses
- File civil contempt or criminal non-support charges against the parent
- Work with other states to collect child support if the parent lives outside Missouri
7. Father’s Rights in Missouri
A Missouri family law judge is not supposed to give preference to the mother or father when making decisions regarding divorce, child custody or child support. This means that a mother’s rights are the same as a father’s rights. Missouri fathers have the same ability as mothers to petition the court for custody of a child and for child support.
When seeking child custody or child support, a father must prove that awarding him custody would be in the best interests of the child and that child support is necessary given the parents’ and child’s needs and financial circumstances.
If you are a Missouri father and you believe the Missouri family law courts have treated you unfairly, contact a Missouri child custody attorney and discuss your legal options.
In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.
1. Who can adopt in Missouri?
Any adult or married couple can adopt according to adoption laws in Missouri. LGBT status is not addressed in the state’s laws, nor is state residency an issue. As long as a prospective adoptive parent completes a MO home study and approval process, he or she can adopt in the state of Missouri. However, you should also ask questions about adoption eligibility to your specific adoption agency, as they may have further requirements.
2. Can felons adopt in Missouri?
It depends on the nature of the felony. If it’s of a violent crime or involving children, then the answer to this question is most likely no. When going through the home study process, your home study provider will speak with you about the nature of the felony, what you’ve learned from it, and how you’ve changed to see if you’re eligible to adopt a child. The Missouri adoption laws concerning criminal background differ from adoption laws in other states, so you should always ask your adoption specialist if you are concerned about this.
3. Can adoptive parents advertise for birth parents in Missouri?
Yes, although advertising (attempting to locate a prospective birth mother) on your own is very difficult and can result in a much higher chance of not finding a successful adoption placement. It’s best to work with an adoption agency that can create your adoption profile for you and help you through the process of finding an adoption opportunity.
4. Can adoptive parents pay for birth parent expenses?
Yes. Adoptive parents may pay for pregnancy-related expenses for the birth parents. Under Missouri adoption laws, this may include medical costs for the potential birth mom, counseling, legal expenses, and living expenses, such as food, rent, utilities, transportation and clothing. Birth parent expenses are one factor out of several in the overall cost associated with the adoption process.
5. Does Missouri have a putative father registry?
Yes. This is a record of the names and addresses of men who believe they are the fathers of children born outside of marriage. If a man wants to officially claim that he is the father of a child born out of wedlock, he can put his name on the putative father registry before paternity is established. This will allow him to be contacted to give or deny consent to the child’s adoption should the mother choose that route. (Note: His denial of consent does not automatically mean the adoption cannot continue.)
Questions concerning the father of the baby are incredibly complicated. Most of these situations are handled on a case-by-case basis. If you have more questions, you should ask your adoption specialist about birth father rights in Missouri adoption laws.
6. What rights does a birth father have in Missouri?
Birth father rights in Missouri adoption laws are complex, and they vary by situation. Contact us to speak with an adoption professional about your personal situation.
7. When can a birth mother consent to adoption in Missouri?
A birth mother can officially consent to the adoption 48 hours or more after the baby is born, according to adoption laws in Missouri.
8. When can a birth father give consent to adoption in Missouri?
The birth father can give his consent at any point after the baby is born.
9. When can a woman withdraw consent to adoption in Missouri?
She can withdraw at any point until the court has approved her consent to adoption, which must take place within three business days.
10. Who has to consent to an adoption in Missouri?
Missouri requires that the mother, as well as any other legally recognized parents, give their consent to adoption. For example, if the man who is presumed to be the father has filed with the putative father registry or acted to determine paternity within 15 days of the child’s birth, he must consent to the adoption as well.
If the child is 14 years of age or older, he or she must consent to the adoption as well, unless the court deems the child mentally incapable of doing so.
Again, please remember that these Missouri adoption laws are subject to change, and that this information should not be taken as legal advice. For more information about the adoption process in Missouri with our agency, get free information here.
What you need to learn about filing for a dissolution of marriage
A dissolution of marriage is a legal process that terminates the marital rights and responsibilities between spouses. It will substantially affect your financial and personal life. Issues commonly involved in a dissolution case are grounds for dissolution, classification and division of assets of the spouses, ongoing obligations to provide for a spouse after dissolution, the welfare of any children of the marriage, and tax consequences. These materials are intended for uncontested matters without complex issues.
1. Starting the case: the Petition
The spouse who starts the dissolution case is called the petitioner. The spouse on the other side is called the respondent. The petitioner has to tell the court in a written “petition” what the case is about, who the case is against, and what outcome (known as relief) is wanted. This typically includes a request for dissolution along with the division of property, child custody, and child support. The “petition” must be complete and include certain information required by law. A form Petition for Dissolution of Marriage (CAFC001) is available from this website.
2. How is the case filed?
The petition must be verified before it can be filed. The petitioner must swear to or affirm the truth of the facts in the petition and sign the petition under oath before a notary public. Most banks have notaries that will do this for a small fee.
A Petition for Dissolution of Marriage (CAFC001) form should be filed in the county in which either the petitioner or respondent resides. Filing fees vary depending on the type of case. Filing fee information from your local court may be posted online. Use the “Find a Court” search feature to search for your local court. If you cannot afford the court filing fee, you may file an application asking that the fees be waived. This is sometimes called In Forma Pauperis (in the manner of a poor person). This form is available for download from the dissolution of marriage forms page. The court will require detailed financial information so that the judge can decide if fees should be waived.
3. What forms need to be filed?
In addition to the petition, there are other forms that must be filed. These forms usually include an ‘Income and Expense Statement,’ a ‘Statement of Property and Debt,’ a ‘Parenting Plan’ if children are involved, a ‘Filing Information Sheet,’ a ‘Certificate of Dissolution,’ and a proposed ‘Judgment of Dissolution of Marriage.’ Use the “Find a Court” search feature to find out if your local court requires additional forms and how many copies you should provide.
4. What if my spouse gave birth to a child while we were married, but I am not the biological parent of the child?
Under Missouri law, when a child is born to a woman while she is married or within 300 days after the termination of marriage, her spouse is presumed to be the legal father. A petition may be filed asking the court to find that the spouse is not the biological father or legal parent of the child or children born during the marriage. The Presumed Father’s Petition for Declaration of Non-Paternity (CAFC303) is an approved form for this purpose.
5. How is the other spouse notified about the filing of the case?
When the dissolution petition is filed, the petitioner must provide the other side, the respondent, with official notice. This is called service of process. Service is very important and must be done correctly. Doing it incorrectly will cause not only delay of your case, but MAY cause dismissal of your case. For a fee, the court clerk prepares a “summons” and attaches a copy of the petition, which becomes the official notice to come to court. Service of the summons is arranged through the court clerk. The most common methods of “service” are listed below:
- Waiver of Personal Service: The respondent accepts the petition and signs a form called “Entry of Appearance and Waiver of Service.” This form must be signed before a notary public and filed with the court.
- Personal Service: The sheriff or other court officer hand delivers the petition and the summons to the respondent. It is important to provide the court with very specific information about where, how, and when to find the respondent.
- Private or Special Process Server: A special or private process server may be appointed by the court when the respondent is difficult to find or if the respondent is trying to avoid being served. This is a situation where you may need to consult with an attorney who will know how to help you.
- Service by Publication: THIS METHOD CAN BE USED ONLY WHEN THE LOCATION OF THE RESPONDENT CANNOT BE DISCOVERED. This method of service also requires that all means to try to locate or reach the other party have been attempted. Permission of the court is required. Obtain specific information from the court about which qualified newspapers are acceptable for service by publication once the court approves your motion to allow this method. Check with a lawyer before doing service by publication because this method of service can affect and/or restrict you from collecting maintenance or child support.
6. What happens when the respondent is served?
Once the respondent receives the summons and petition, a written response is due in 30 days. The respondent files a written response to tell his or her side of the story. This is called the Answer. If this Answer is not received within 30 days, the respondent is in default. This means the petitioner can go to court and ask for the relief requested in the petition.
7. Do we have to agree on everything?
Agreement of both spouses about all the issues means the case is “uncontested.” The case usually will be completed faster and less expensively. Spouses in agreement still must go to court to show that they meet the legal requirements for a dissolution and to obtain the court’s approval. If the spouses cannot agree about all issues, the case is “contested.” The fastest and least expensive way to resolve disputes is to try to work out the issues with the other party in advance. Mediation is a process frequently used by spouses to determine what they can agree upon. Some courts require you to attend mediation, particularly if there are unresolved parenting issues. The mediation requirement may be waived for good cause such as domestic violence. If you are not able to work out your differences, you should contact an attorney.
8. Can I contact the judge assigned to my case if I have questions or concerns?
No! Judges must be fair to all parties and therefore may not speak to or otherwise communicate in any way with the parties outside of a hearing. The court clerk can assist you by providing you with information about court procedure and approved forms but is restricted by court rules from telling you how to fill in forms or present your case. (See Court Staff Assistance.)
9. When is the case ready for a hearing?
The petition and other required forms must be filed with the court before your hearing. The return of summons must be on file with the court showing that the respondent has been served if the respondent has not waived service or filed an answer. CHECK BEFORE THE HEARING TO MAKE SURE THIS HAS BEEN DONE. Lack of service may cause delay. A person representing himself or herself in a family case must complete the Litigant Awareness Program and file the Certificate of Completion with the court (print the certificate at the end of this program). If there are children under the age of 18, both spouses must attend a parent education program, which is mandatory under state law. Use the “Find a Court” search feature to find out if your local court has a schedule of classes offered.
10. How is the hearing scheduled?
In Missouri, the circuit court keeps its schedule of hearings, called the “docket.” Some circuits require a pretrial hearing, case management, or settlement conference before the final hearing. In some circuits, a litigant will not be placed on the docket automatically, but will need to request a hearing to get on the docket. You should check with your local court for the applicable procedure.
11. What happens at the hearing?
The petitioner has the responsibility of presenting evidence to prove the case. This may include the testimony of the spouses, other witnesses, documents, and exhibits. The respondent also may introduce evidence. After hearing all the evidence, the judge decides the case. The judge cannot try the case for the parties. Each party should come to court prepared with the list of questions and evidence they need to submit for the case. After the judge hears the evidence the ruling may be given verbally. Occasionally, a judge “takes a case under advisement” to make a ruling at a later time. The court will notify you of the decision. The decision of the court is reduced to writing in a form called “the judgment.” The court may require a party to prepare the judgment in advance or after the conclusion of the hearing.
12. Can I try to settle my case before the hearing?
Even after legal proceedings are initiated, parties can settle their differences before the hearing. Most cases do settle out of court. It is better for everyone when parties agree. Mediation is always available at any time throughout the legal process and highly recommended. The family court judge/commissioner can and many times will appoint a mediator, particularly if parents can’t agree about how the children will be cared for and how the parents will share their parenting responsibilities.
13. What needs to be done after the hearing?
The case will conclude with a written order from the judge. You must do all the things the judge ordered you to do in the dissolution of judgment, such as:
- Transfer property,
- Sign documents,
- Pay money, and/or
- Change names on automobile titles, insurance policies, bank accounts, retirement accounts, credit card accounts, and deeds.
If your dissolution judgment affected title to real estate (your home), you must file a certified copy of the dissolution judgment with the Recorder of Deeds. Also, you need to inform the appropriate government agencies, employers, creditors, and businesses of your dissolution and any name change. You also may need to provide “certified” copies of your dissolution judgment to others. The court clerk can certify copies of the judgment.
Failing to do what the judge ordered may result in additional court proceedings for enforcement of the judgment or for contempt of court. If your spouse fails to comply with the judge’s orders, you will need to bring enforcement or contempt proceedings against your former spouse. This may be complex and may require the assistance of a lawyer.
14. When is the dissolution final?
The case becomes final 30 days after the judge signs the judgment unless a party files an appeal. If you need to file an appeal or if the other spouse files an appeal you will need the assistance of a lawyer. An appeal involves filing a legal brief about legal errors in the case. The procedural rule and time deadlines are very strict.
Domestic Assault Crimes and Penalties in Missouri
Domestic violence includes a range of abusive conduct against a family or household member. Missouri law divides the most common domestic violence crime—domestic assault—into degrees based on the circumstances and the amount of harm involved.
What is domestic assault? A person commits assault any time they attempt, cause, or place another in fear of physical injury or pain. When an assault is committed against a “domestic victim,” the crime falls under domestic assault.
Who are domestic victims? Missouri law defines a domestic victim as any of the following family or household members:
- current or former spouse
- relative by blood or marriage
- current or former cohabitant
- current or former romantic or intimate partner, and
- co-parent (regardless of relationship status).
(Mo. Rev. Stat. §§ 455.010, 565.002 (2021).)
Next, we’ll review the penalties and degrees for domestic assault crimes, starting with the lowest offense level and moving up to the most serious crimes.
Domestic Assault in the Fourth Degree
Offenders commit domestic assault in the fourth degree when they commit any of the following acts against a domestic victim:
- recklessly cause physical injury, physical pain, or illness
- negligently cause physical injury by means of a deadly weapon or dangerous instrument
- purposely place a victim in fear of immediate physical injury
- recklessly engage in conduct that creates a substantial risk of death or serious physical injury
- intentionally touch the victim, knowing the victim will be offended by the physical contact
- knowingly isolate or attempt to isolate the victim by means of restricting the victim’s access to other people, communication devices (phones, computers), or transportation.
Example. Say Richard holds his hand up to his live-in girlfriend’s face like he is going to punch her and then hides her phone and car keys so she can’t call her family and friends. He might be charged with two counts of fourth-degree domestic assault for placing her in fear of physical injury and restricting her access to a communication device and transportation.
Punishment. Domestic assault in the fourth degree is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,000. Offenders with two or more prior domestic violence-related offenses can be charged with a Class E felony and face up to four years in prison and a fine of up to $10,000.
(Mo. Rev. Stat. §§ 565.076, 558.011, 558.022 (2021).)
Domestic Assault in the Third Degree
Domestic assault in the third degree occurs when an offender attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim.
Example. Brenda punches her husband in the face. She might be charged with third-degree domestic violence for causing him physical pain. Even if she swings and misses, she can be charged with third-degree domestic assault because she attempted to cause him physical pain.
Punishment. Domestic assault in the third degree is a Class E felony, punishable by up to four years in prison and a fine of up to $10,000.
(Mo. Rev. Stat. §§ 565.074, 558.011, 558.022 (2021).)
Domestic Assault in the Second Degree
An offender who commits the following acts against a domestic victim could face charges for domestic assault in the second degree:
- knowingly causes physical injury by any means, including deadly weapons or strangulation
- recklessly causes serious physical injury, or
- recklessly causes physical injury by means of any deadly weapon.
Example. Samantha swings a baseball bat in the direction of her live-in boyfriend. She loses control of the bat, and it hits him in the back causing him significant pain and bruising. She might be charged with second-degree domestic assault for recklessly injuring him with a deadly weapon.
Punishment. Domestic assault in the second degree is a class D felony, punishable by up to seven years in prison and a fine of up to $10,000.
(Mo. Rev. Stat. §§ 565.073, 558.011, 558.022 (2021).)
Domestic Assault in the First Degree
An offender who knowingly inflicts or attempts to inflict serious physical injury to a domestic victim commits first-degree domestic assault. An attempt to kill a domestic victim also falls under first-degree domestic assault.
Example. Say Lucas strangles his wife with the intent to kill her. She fights him off and survives. He can be charged with first-degree domestic assault because he attempted to kill her.
Punishment: Domestic assault in the first degree is a class B felony, punishable by not less than five years and up to 15 years in prison. But, offenders who end up inflicting serious physical injury on their victims can be charged with a class A felony, punishable by not less than ten years and up to 30 years, or life in prison.
(Mo. Rev. Stat. §§ 565.072, 565.077, 558.011 (2021).)
Penalties for Repeat Domestic Assault Convictions
Offenders charged with felony domestic assault face a prison term one class higher than their current charge if they have one prior assault conviction in the past five years. For example, an offender charged with domestic assault in the third degree faces class D instead of class E penalties.
Punishment for “persistent offenders”—those convicted of two or more prior assault convictions in the past 10 years—increases by one or two felony classes depending on the degree of the current felony charged.
What Are Other Consequences of Domestic Violence?
First off, domestic violence doesn’t stop as assault. Related offenses in Missouri include unlawful imprisonment, coercion, harassment, stalking, and sexual assault, to name a few. A violation of a civil order of protection is also a crime.
And, in addition to incarceration and fines, Missouri law imposes the following conditions and restrictions for domestic violence cases.
Arrest Policies for Domestic Abusers
In Missouri, an officer may arrest someone without a warrant when probable cause exists to believe the offender committed domestic abuse, even if the officer didn’t witness the offense. Officers who decline to make an arrest on a domestic violence-related call must write a report explaining why no arrest was made. If officers return to the same address within 12 hours of a nonarrest report incident and probable cause exists, officers must arrest the offender and the nonarrest report can be used as evidence against the offender. The victim’s refusal to sign an official complaint against the offender doesn’t prevent an arrest.
Bail Denial: Defendant Poses Danger to Domestic Abuse Victim
Missouri law allows judges to deny bail in any case when the prosecution can show that the defendant poses a danger to the victim, witness, or the community. Judges can also impose release conditions like no-contact orders, removing the defendant from the victim’s home, and prohibiting the defendant from possessing a firearm.
Firearm Restrictions for Domestic Violence Convictions
Missouri law prohibits defendants convicted of any felony from purchasing or possessing a firearm. Federal firearm bans apply to defendants convicted of misdemeanor crimes of domestic violence and persons subject to domestic violence orders of protection.