Question About How To Find Out Status Of Parental Rights In MO

[MissAnnabell]

Hello,

Im posting this question for a male friend of mine,


He and the children's mother are not married... A few years ago while he was in prison for a short time both of them signed over custody to her mother since then the kids have returned(from living with their grandmother) to living with their mother and tho their not together he also lives in the home with them. He was told by her that he has no rights to the children and if he moves out of her home he wont get to see the kids anymore. He tried calling dhs they told him they dont know and he needs to call a child custody lawyer. Financially thats not an option at the moment is their and other way he can go about finding what his rights are regarding his sons? Or does anyone know an inexpensive child custody lawyer in the Sedalia\CoMo area?

[Unique_Carpenter]

Annabell,
Was that an actual court order that a judge signed to give granma custody? If so, go to the Missouri court system web site "Casenet" and he may be able to look up the case, and if the case is there, he can print off the court order that he has to live with, or at least get the case number, go to the courthouse and the clerks will print it off.

If not, the kid's mom is confused, or lying, and he needs a lawyer to explore the status and give him advice.
Missouri does allow a document that allows someone other than actual parents to have care and authorization over kids, but that can be revoked.
If he wants actual visitation rights, as a non-custodial parent, if he's not living there, he needs to get this mess in front of a judge. Note that the issue of child support will probably come up.

Also, if there's a court order that gave Granny custody, regardless of where the kids are now, he will have to go back to that original court to get visitation rights, and that town is where he needs an atty.

Here in the Kansas City Missouri area, he's looking at a $3,000 retainer, maybe more, and that's just a retainer. PM me if you wish and I can provide a few Kansas City family law atty names. Outside possibility of one of them referring to a Sedalia, or where-ever, family law atty. Note I may not be able to respond till the 12th.

Anabell, I know you said he can't afford an atty. But, he's at a point where this could be a lifetime decision related to his kids.

[ShysterJon]

I’m an attorney. I practice in Texas, not Missouri, so I know only the laws of Texas that relate to parents’ rights regarding children. Assuming Missouri laws are like Texas laws, chances are there was a court case regarding the children filed in the county where the children lived with their grandmother. If your friend goes to the clerk’s office in the county courthouse, the clerk will pull the file and your friend can read the document he signed that terminated his parental rights. That document and perhaps others will explain his rights regarding the children. If your friend terminated his right to possession of the children, he won’t have the right to see them – what people call “visitation.”

If your friend can’t afford to hire a lawyer, he may find a family law legal aid group or lab at a law school to provide no-cost or low-cost representation. Three groups are listed here:

http://statelaws.findlaw.com/missour...-columbia.html

Note to Unique_Carpenter: If someone says they have no money to pay a lawyer, it’s probably not a good idea to refer them to a private lawyer. Over the years, I’ve referred dozens if not hundreds of indigent people to private attorneys, and I think not one ever hired a lawyer. Such referrals are just a waste of everyone’s time. If you met a poor man on the street who told you he was hungry, would you tell him to go to a restaurant? Probably not. You'd tell him to go to a soup kitchen.

[Unique_Carpenter]

Originally Posted by ShysterJon

Note to Unique_Carpenter: If someone says they have no money to pay a lawyer, it’s probably not a good idea to refer them to a private lawyer.

Agree, which is why I provided the Missouri court casenet reference so they can find the case.

But as I closed with, this could be a lifetime decision, if not already permanent, so IMO, he should revisit that part of using a lawyer. Perhaps I could have worded that better. Once the paperwork is found, and if that needs to be explained to him. That could be an hour, or less, of atty time.

[ck1942]

Feeling, I am, for the OP's friend.

Multiple kids, apparently, but at least he is not being hit up for child support.

Not sure, but if he is required (or perhaps offers?) to pay support, he might have a shot at visitation.

Legal Aid Society pros might be able to give him some counsel, if there's a LAS in his neck of the woods.