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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111468
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need help figuring out how to file a motion to intervene

Customer Question

I need help figuring out how to file a motion to intervene with the the juvenile court. No one local has been able to help me and the juvenile office also hasn't been able to appoint an attorney to my case.
Submitted: 5 months ago.
Category: Family Law
Expert:  Richard replied 5 months ago.

You're very welcome! It's always my pleasure to help! Thank you for both the excellent rating and the bonus! Have a great day!

Customer: replied 5 months ago.
I don't see any answers or questions just you saying rate me
Expert:  Richard replied 5 months ago.

I apologize for the post. There are some issues with the site. Your question popped up on my screen just when I was replying to another customer. So, by mistake, the post meant for another customer was inadvertently posted here. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes.
We cannot provide you a form that is specifically on point because the courts do not have them available online. However, we can provide you a sample for format only and you would have to insert the below statute as your right to intervene in the case if you are a grandparent seeking to intervene in a proceeding in the court. See: http://www.clayton.k12.mo.us/cms/lib/MO01000419/Centricity/Shared/pdf/Turner/SLPS_MotiontoIntervene.pdf
This template is for FORM only and you have to modify it to state the county and juvenile court you are filing in. Then if you are intervening as a grandparent you insert the statute below:
A grandparent shall have a right to intervene in any proceeding initiated pursuant to Chapter 211 RSMo., in which the custody of a grandchild is in issue, unless the juvenile judge decides, after considering a motion to intervene by the grandparent, that such intervention is against the best interest of the child. Section 211.177.1, RSMo. The right of the grandparent to intervene terminates upon the adoption of the child, except where the child is adopted by a step-parent, another grandparent or other blood relative. Section 211.177.2, RSMo.
If you are intervening for some other reason let us know and we can assist with that information.
However, you should go to legal aid if possible to get actual representation if the juvenile court has not assigned an attorney to you.
Customer: replied 5 months ago.
I am the wife of the father to child 1 and i have a durable power of attorney for custodial rights from the father of child 2 while he is in prison. The natural mother has had her rights terminated to all the children. I also have the same poa from my husband for child 1.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

So as PoA, you cannot represent your husband in a legal matter so you could not file a legal motion to intervene in his name, which it would have to be. That would require an attorney to file in his name. So, legal aid or the public defender's office at juvenile court has to assist if you cannot afford an attorney.

Customer: replied 5 months ago.
POA gives me the right to literally sign for him on legal documents but not to file a motion to get his daughter out of foster care? Just to be clear Child 1 is my husband I don't need the motion to intervene on his behalf. He'll be home in 2 weeks and we're just going to wait for him. I DO need to file a motion to intervene on behalf of the father of Child 2 who is not my husband and whom I have the attached document executed from .
Customer: replied 5 months ago.
This is what I need but for MO and all the MO documents are really hard to even find examples of to copy.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Right, you have a right to sign for him, but representing someone in court is another matter and the law says you can represent only yourself and if you represent someone else that has to be done by a licensed attorney or it is unauthorized practice of law.
So what you are filing to intervene as would be as guardian of the child on your own behalf is what you are saying from what you posted. That would follow the format I gave you above. You would be seeking to intervene pursuant to MO Revised statute 507.090 as guardian over the child.
Expert:  Law Educator, Esq. replied 5 months ago.
MO does not make their forms available because they really prefer parties get an attorney involved in these matters because the ultimate goal of the court is to protect the rights of the child and they want an attorney involved to make sure that is done.
Customer: replied 5 months ago.
Okay well I can pay for an attorney and the Juvenile can't find one that can represent me because the natural mother has already had 3 children taken away from her so every attorney within about 150 miles of St Clair County MO has been on either side of the case for her first kids that she lost so we're stuck with having to do it on our own because of that and I have even offered well above any asking price to attorney in Kansas City and even in Springfield that are about 3 hours away to help us and I can't get them to. I want an attorney I don't know how to do this without one and there's a whole person who I've raised for 2 years that kind of depends on me getting her. She's 3 she doesn't even really know I'm not her mom so I don't know how to do this but I know I can't stop. But thank you for your help. I will try and figure out how someone from prison can file anything to help me with getting his daughter.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
I do not know why you cannot get a family attorney to intervene and file for you if you have been willing to pay. However, the format I gave you above and the MO statute would be what you need and then you would insert your reasons for intervening and ask the court for what you want and attach your power of attorney/guardianship form.
Customer: replied 5 months ago.
It's a tiny area and the natural mother has had 3 kids taken away already it's a conflict of interest according to basically everyone. Do you know if I can hire a "online" attorney or that type of service.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Unfortunately, state law forbids online services such as this one from representing anyone in any legal matter. You can search in the nearby cities again with the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com and seek a family attorney to represent you.

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