MO-Marriage Separation

[brighteyes]

I need advice for a friend. No legal separation or divorce has been filed yet. His wife moved out taking their child with her about three weeks ago. She hasn't contacted him regarding where his daughter is living. He has tried to contact her family regarding the whereabouts of his daughter. They tell him that they haven't heard from her. Her car is parked out back of her mother's house. What can he do legally to get visitations? He can't prove where his spouse or daughter is living. Will the law in MO make her family tell him where his daughter is at? Is there any way he can take custody if he can find her? It's obvious the spouse is hidding her. What steps does he need to take? He has very little money to hire a lawyer.

I appreciate any help.

Brighteyes

 

[morning_angel]

How is she getting her mail? If she is having it forwarded to the mother's house, then a certified letter asking for visitation could be helpful. He should send it restricted delivery, so that only the wife can sign for it. At the same time, he should send a copy of the letter by regular mail to her at the mother's house, since he's fairly certain that she is living there. That way, even if she refuses to sign for the letter, she will be notified that he is seeking visitation. He should also file for visitation or custody with the court.

It is unlikely that the "law in MO" would make the family tell him where she is.

Good Luck!

 

[Ambr]

keep attempting to locate them and asking for visitation. also document everything. it sounds as if this will have to go through court to actually get the visitation established. i don't know if you want to seek custody or not, but the fact that she is hiding the child from you now would definitely hurt her in a custody hearing.

 

[brighteyes]

Child Custody-MO

Thank you for your responses. My friend hasn't received any mail at his house for her. She must have changed her address prior to leaving.

Is there a way he can file for visitation through the court without hiring a lawyer?

I appreciate any help.

Thank you,

Brighteyes

 

[Ambr]

he can file a motion with the courts - pro se. some courts have package available with the forms, etc. on a personal level, our court in southeast missouri doesn't have this available.

he might check into a paralegal or a lawyer drawing up the paperwork and then he files them himself and represents himself. it would be a better guarantee that the paperwork is correct, and less expensive than hiring a lawyer.

would he qualify for legal aide in his county?

as for her address - have him send her a letter, address to his home and send it with an address notification request. it will cost him a little, but if she put a forward, he should receive a notification from the post office of what the new address is.

 

[brighteyes]

he can file a motion with the courts - pro se. some courts have package available with the forms, etc. on a personal level, our court in southeast missouri doesn't have this available.

What is a pro se.? If I call the courthouse will they know what I'm talking about?

I appreciate your help.

Thank you,

Brighteyes

 

[morning_angel]

Pro se means you are representing yourself. Contact the court, and tell them you are filing for a visitation order, pro se. Generally there is a clerk of the court that can direct you as to what paperwork you need to file and so on. Give them as much info as possible regarding her whereabouts so she can be served.

As Ambr said, you might want to find out if there is a paralegal that can help you get your paperwork in order. It's not free, but it's less costly than an attorney. It would be in your best interest to make sure you have your paperwork in order, and not find out in court that you filed incorrectly, or in the wrong court. That just wastes time and money.

Also, be sure to keep a log of events that has happened since she left, including times you've phoned her parents and they said she wasn't there, etc. Be as detailed with dates and times as you can.

Good Luck!

 

[brighteyes]

My friend sent a restricted certified letter to his mother-in-law's house, plus mailed a copy of the letter there. Hopefully, she will respond.

He was contacted by welfare this week. They was wanting his personal info. He told them the situation and told them he was taking her to court for custody. They wasn't aware that she took off with his daughter. Evidentially, she was wanting Medicare too. He is still paying for medical insurance on her and her other two children, besides his daughter. The lady told him she has a job. I would think she wouldn't qualify for welfare.

I appreciate everyone's help.

Thank you,

Brighteyes

 

[Ambr]

it's possible.

when we first seperated i had to go on it as well. it wasn't something that i was proud of. i was working about 30 hours a week, it was minimum wage. i didn't qualify for much. around 150 in FS and medical cards for the kids. the medical cards were the most important thing.

as i improved my situation and no longer qualified for the FS, etc. but missouri has a special program for medical assistance for kids. it allows the CP to pay for the medical cards just like an insurance program. it cost me like 65 a month for 2 kids. i made co pays to the doctors office and copays for the medicine. it helped me out a lot and still had it so that i was paying the way for the kids. it helped alot with the pride i was trying so hard to hang on to.

they also had programs to allow the CP to go back to school. assistance in paying for the school and daycare while you attended the school. it is a very sweet program to get into (if you qualify for it) and if you are willing to work off of it. it could be a definite help.