Motion To Reopen Case

Summary

In Missouri, you can file a motion to reconsider or for a new trial to present new evidence in a custody case. This must be done within 30 days post-judgment, showing the evidence was not obtainable earlier and explaining its impact on the case. Consult a local attorney or Legal Aid organization for guidance.

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my case is in Missouri, I was served with a motion to modify from my ex-husband. We have four children only two living at home. He hadn’t seen his children in five years and hadn’t paid any of his part of the Support or his part of the *-* for medical or dental and never did carry the insurance and dental on the children. I ended up doing it also, when he filed the motion of modify, he made a lot of accusations from child abuse to drug addictions to alcohol addiction, stating that I am the one that kept him from the children. I got Attorney and obviously filed a counter motion and I voluntarily went on sober Link four times a day every day so that way , the court wouldn’t question I went and did a supervised urine test for drugs and alcohol, which was negative and then my counter motion my ex is the one who was charged with the DWI just a year and a half ago he violated that probation and had an interlock system in his vehicle Violated that ended up being on a years probation. I gave my attorney all of my communication with me reaching out to him and I reached out to him at least twice a month for five years and an emails I sent him copy of all his part of the bills and I sent him every report card I sent him , school pictures, etc. so I could prove that he was lying so come to find out the guardian items that him and his attorney requested was approved by the court she talk to me for * minutes. I never spoke to her again she never interviewed the kid she just filed for a TRO , which was denied so she hotline me to DFS which did a full investigation and found that there was no concern and they did not file a case with me, so the guardian light them and filed for a pulmonary injunction and the judge granted, and they removed my children placed them in the care of a family member that was not part of the case. I has been taking blood drug test and blood Peth alcohol tests twice monthly a hair follicle monthly and was on Soberlink for 6 months, I tested negative on every single test every single time I never had one positive. My children’s school was willing to advocate for me their best friends, parents pediatrician and they still haven’t gave me my children back so we had a trial during the trial. I am seeing that their attorney didn’t enter hardly any of my evidence that I gave him an organized diligently the judge ordered each attorney to write a brief and then he would make his decision. Is there any way I can request the court to reopen evidence before he makes a decision on custody
I'm sorry to hear about your situation, ****. You may file a motion to reopen your case before the judge makes a decision. However, this can be complex and depends on the judge's discretion and the laws in Missouri. It's best to consult with a local attorney who specializes in family law to guide you.
I’ve tried that, but because of the state of the case, I have not found not one person who’s willing to talk with me. Can you give me any more guidance as far as what your knowledge is
I understand your distress, ****. In Missouri, seeking a reconsideration or appealing a case might be possible. However, these are intricate processes:
- To request a reconsideration, you must provide new, substantial, and compelling evidence.
- Appeal must be filed within 10 days post judgment.
Please consider reaching out to a Legal Aid organization for pro bono assistance.
is there anyway that I can ask the judge to look at the evidence that I had my Attorney did not present on my behalf before he gives a ruling on custody
Yes, ****. In Missouri, you can file a motion to reconsider or a motion for a new trial to present new evidence. However, it's crucial to demonstrate why this evidence wasn't presented earlier. Here are some points:
- File within 30 days post-judgment.
- Show the evidence was not obtainable before.
- Explain its impact on the case.
Remember, this is a complex process. Try reaching out to a Legal Aid organization for help.