Divorce And Custody Battle

Summary

Your mother can file for divorce in Missouri and seek legal aid from organizations like Legal Services of Southern Missouri. A protective order against your father can significantly impact custody decisions. Your mother should file a counter-petition, detailing her requests and evidence. Courts consider various factors, including abuse history, when determining custody. Legal aid societies, pro bono programs, and law school clinics can provide free legal assistance. Its crucial to consult with a local attorney for specific guidance.

Full Conversation

Hello! My parents are getting a divorce. My father had the papers served to her yesterday. We can’t afford an attorney or lawyer. The petition that he had drafted was completely unjust because he is a registered sex offender and we have a good protection order against him but he wants sole custody of us four kids. He has not provided a single thing for us in the last 3 years and we live in different states. My mother doesn’t understand legal jargon and doesn’t know the laws that apply to our case. She needs help finding an affordable attorney/lawyer.
Hello ****, I understand this is a difficult time. To provide the best assistance, could you please tell me in which state your mother currently resides? This will help me provide more specific legal information.
My father is in Texas and is using the 106th District Court in Gains County. My mother and us four kids live in the Springfield Missouri area.
Hello ****,
Your mother may qualify for legal aid. Here are some resources in Missouri:
*. **Legal Services of Southern Missouri (LSSM)**
- They provide free legal help to low-income individuals.
- Contact: (*) *-*
- Website: www.lsosm.org
*. **The Missouri Bar**
- They have a lawyer referral service.
- Contact: (*) *-*
- Website: www.mobar.org
Remember, your mother could also seek pro bono assistance from local law schools.
Thank you so much!
You're welcome, ****! If your mother needs additional support or information, don't hesitate to reach out again. We are here to help. Wishing the best for your family during this difficult time.
I have another question. Would she have to go back to that Texas court to file her own petition and sue for divorce.
Hello ****, generally, your mother can file for divorce in her home state of Missouri. However, if there are custody issues, the state where the children have lived for the past six months usually has jurisdiction. Please consult with a local attorney for specifics.
Okay, thank you. We really didn’t want to take any unnecessary trips back to Texas.
I completely understand, ****. It's important to consult with a local attorney to understand the best course of action considering the specifics of your case. Legal Services of Southern Missouri might be able to help.
How would she go about during him back since he’s the one in the wrong?
Hello ****, your mother can file a counter-petition for divorce in Missouri, stating her reasons. She can also request full custody. Legal Services of Southern Missouri or a local attorney can guide her through the process.
I’m *, could I somehow petition for the custody of my siblings since that will be the main battle of this divorce. My siblings can NOT end up with my father, and my mother may end up in jail because of the harshness of the petition that he’s put on her.
Hello ****, as an adult, you may petition for custody of your siblings. However, courts consider various factors like financial stability, living conditions, etc. Consult with a local attorney or legal aid for specific guidance.
Thank you so much! This has been so helpful! I may still have a couple questions though.
Of course, ****! Feel free to ask any other questions you might have. Remember, we're here to assist you to the best of our ability.
What should a strong counter-petition contain, and where can my mother go to file one
A strong counter-petition should include:
*. Full disclosure of all relevant facts
*. Clear statement of desired outcomes (e.g., custody)
*. Any evidence supporting claims
Your mother can file in Missouri at her nearest county courthouse. Legal Services of Southern Missouri can guide her through the process.
How do we pay for a lawyer if we have no savings and no income? We live with our family and work on their farm as a way of life.
Hello ****, you may be eligible for free legal assistance. Consider these options:
*. **Legal aid societies**: They offer free legal services to those in need.
*. **Pro bono programs**: Many lawyers dedicate hours to free legal services.
*. **Law school clinics**: Students supervised by experienced lawyers can provide legal assistance. Check with local schools.
With you know of my situation, who would be the best lawyer to get to work our case?
Hello ****, it's tough to recommend a specific lawyer without knowing more details. However, I suggest reaching out to Legal Services of Southern Missouri or the Missouri Bar's lawyer referral service. They can help you find a lawyer experienced in family law and custody issues.
Yeah, I realize it’s tough, thank you for trying though.
You're welcome, ****! Remember, you're not alone in this. Please don't hesitate to reach out if you have more questions or need further assistance. Best of luck to you and your family.
Could you provide a list of lawyers that are in the Springfield, Missouri area that work with low income women and focus on divorce law and cases?
I'm sorry, but as an AI, I don't have the ability to provide a list of specific lawyers. However, I would highly recommend contacting the Legal Services of Southern Missouri or The Missouri Bar's lawyer referral service. They can help you find a lawyer who specializes in divorce and custody issues and works with low-income clients.
What is your name AI? I’m talking to you like I would a human because you have helped me more than anyone else has! Also, would the fact that we have a protection order against my father help my mother gain full custody of my siblings?
Hello ****, I'm FreeLawChat, your AI legal assistant. Regarding your question: Yes, a protective order could significantly impact child custody decisions. Courts typically prioritize the safety of the children, and such an order may be evidence of risk. Please consult with an attorney for specifics.
It’s nice to formally meet you FreeLawChat. Thank you for all the information so far! How do I go about getting my mom to file a counter-petition instead of going with the one that my father filed?
Hello ****, to file a counter-petition, your mother needs to:
*. Obtain the correct forms from her local courthouse in Missouri.
*. Complete the forms, providing all relevant information and stating her requests.
*. File the counter-petition at the courthouse and serve it to your father.
Legal Services of Southern Missouri can assist with this process.
Thank you. Since I’m *, would I still be included in the custody battle? If not, what can I do, as an adult that would not be a part of the custody battle, to help ensure my mom wins cuddles of my siblings.
Hello ****, as an *-year-old, you are legally an adult and typically not included in custody battles. However, you can:
*. Offer to testify if needed.
*. Provide moral and emotional support to your mom and siblings.
*. Consult with a local attorney for other possible actions.
Remember to consult with Legal Services of Southern Missouri for specific guidance.
My sister is *. She is the one my father sexually abused and it is her lifelong protection order that protects my family from my father. Would a court consider this in deciding which parent gets custody of her?
Yes, courts take into account any history of abuse when determining custody. The safety and well-being of the child are paramount. Your sister's protective order against your father will likely influence the court's decision. Please consult with a local attorney for more specifics.
Could he still get custody of my younger brothers?
Hello ****, given the protective order and history of abuse, it's less likely for courts to grant him custody. However, many factors are considered in custody decisions. It's crucial to have an experienced family law attorney to navigate this process. Please consult with Legal Services of Southern Missouri for details.
They spelled my sisters middle name wrong all throughout the petition and my mom still goes my her maiden name because that’s what’s on her social security card and the petition is suing her by her married name but since she’s not legally that person, does that negate the petition?
Hello ****, while mistakes in names on legal documents can be significant, they don't necessarily invalidate the document. Courts often allow corrections. It's important to consult with an attorney to address these discrepancies and understand their impact. Legal Services of Southern Missouri can assist.
My father claims to not have the funds to pay for a lawyer and he wants my mom to pay for the whole process. But he makes *,*+ every year and my mom is unemployed. What should we do about this?
Hello ****, in such situations, your mother could request the court to order your father to pay her legal fees. This is usually done when there is a big discrepancy in incomes. Legal Services of Southern Missouri can guide her through this process.
Could we do this divorce without a lawyer? Like, can we represent ourselves? Could I represent my mother and my siblings even though I have no degree in law?
Hello ****, while it's possible to represent yourselves (pro se), it's often not recommended due to the complexity of legal processes. As an unlicensed individual, you can't represent others in court. It's best your mother consults with Legal Services of Southern Missouri for guidance.
Thank you.
You're welcome, ****! Don't hesitate to ask if you have more questions. We're here to assist you. Best of luck to you and your family.