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I am needing to ask someone about a family law question
JA: What state are you in? It matters because laws vary by location.
Customer: Missouri
JA: Has anything been filed or reported?
Customer: There is currently a parenting plan in place. There has been child abuse in the past and the children are now 9 and 7. The mom is denying the father the proper visitation rights and as of today the children have said they no longer want to reside with their mother or go to the school they are currently enrolled in because of bulling. The mother made it known today that she is working over nights 6 to 6 and the children have been having a family member come over and watch them over night while the mother is at work
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is the majority of it
Submitted: 1 year ago.Category: Family Law
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Answered in 8 minutes by:
11/7/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 3,012
Experience: associate attorney
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Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

First of all, the court will take into consideration the wishes of the child but only if the court is convinced that the children can articulate their wishes, this normally takes place at around 12 years of age so it is unlikely that the court would take into account the wishes of the the children since they are so young. Even if they were old enough the measure for the court is what parent are in the best interests of the children. Their wishes are only taken into account by the court and other factors are as well. If there is abuse then you need to document evidence of this for the court. The mother cannot deny visitation and you need to file a motion to enforce the custody order and ask the court to make up lost visitation. This would also be a strike against her and if there is a material change in circumstance you can ask for modification and try to change the custody order.

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Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

Just checking back in, do you have any further questions?

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Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3,012
3,012 Satisfied Customers
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