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St. Charles Divorce Law Blog

Before child support, be informed about paternity

A man's bond with his child can be incredibly strong. For some dads, however, they may have a nagging feeling that the child they are raising is not their true biological child. Other men are willing to live with the uncertainty and try to keep a strong, stable presence in the child's life. However, for Missouri men, this attitude can come with long-term impacts, such as paying child support for a child who is not one's biological child.

There are shades of misattributed paternity, also known as paternity fraud. Some women knowingly deceive a man, understanding that the child is likely the product of an affair, but they choose to stay with their husband and keep the family together. Other women may truly have an incorrect belief about their child's parentage or simply be confused about the date of conception. 

A parenting plan can help make co-parenting work

39574737_S.jpgAfter a divorce, working together with an ex can be tough for some people. However, there are ways to adapt and make the process easier for everyone involved. By drafting a parenting plan and keeping some recommended tips in mind, an individual in Missouri can keep the children's best interests well provided for. 

At the end of a marriage, emotions can run high. It may be in everyone's best interests for the individuals to separate their emotions from the task at hand. People can choose to approach the co-parenting relationship like a business arrangement, and keep the focus on the children. Of course, a person may need to vent from time to time, but if he or she can avoid spewing negative emotions in front of the children, it may help to prevent future problems.

Paternity documents surface in disputed family case

46151390_S.jpgA musician faces legal challenges, and the results aren't yet clear. One woman claims that the man, the popular rapper Offset, is the father of her 2-month-old baby. He disputes the paternity and the documents that have popped up on social media. If found to be the father of the child, the man will have certain parental rights and responsibilities. Missouri fans of the rapper will likely want to follow the story as it develops. 

Offset, also known as Mr. Kiari Kendrell Cephus, recently became a father with his current beau Cardi B. Then the claims that he was the father to another child started to swirl on social media. Late last year, Instagram model Celina Powell came forward to claim that Mr. Cephus was the father to her child.

Statement of marital assets requested by Pete Rose's wife

26507980_S.jpgMajor League Baseball star Pete Rose has made the bulk of his post-sports career cash by signing autographs. His wife claims that he makes hundreds of thousands of dollars every year doing so, but loses it in gambling. Their pending divorce, started in 2011, continues with a new filing. His wife requested that Rose to reveal his personal finances so that the couple can split the marital assets and finally complete the divorce. Missouri fans of Rose may be interested in the developing case. 

The couple originally married back in 1984. Apparently, he filed for divorce back in 2011, but the breakup was never finalized. Rose has moved on romantically, and even made a reality TV show with his new girlfriend, a younger former Playboy model. The former ballplayer's penchant for making money with appearances and signed memorabilia has been documented in the past by magazines. 

Bird's nest child custody an option for some families

35334309_S.jpgSome individuals with children may examine their options when it comes to caring for a child after a divorce. Sole custody and joint child custody are common options. For others, an emerging custody trend known as a bird's nest serves as an excellent temporary solution that reduces disruption in a child's life. Missouri individuals exploring their options may find that flying in and out of the nest works for their family's needs. 

During a divorce, the two parties usually find new housing. Finding appropriate housing may take some time, especially if the house will be sold as part of the divorce. For instance, a family may want to wait for a market rebound before selling a home in order to maximize the selling price. Perhaps the couple has not yet determined who will remain in the family home, or the pair may share a lease. 

Missouri parents could give up custody rights under new bill

38961503_S.jpgA proposed state law would allow parents to seek outside help for caring for their children without facing charges of abuse or neglect. A Missouri state senator has introduced a bill that allows parents to give up their custody rights temporarily if they are unable to care for their children while they seek help for drug addiction or work to resolve any other major issues affecting their lives and livelihood. The practice is already used in the state, but the law would give a legal shelter against charges of child abandonment or neglect. 

Any parents who find themselves temporarily unable to provide care for their children, whether it is due to homelessness, a job loss, addiction rehabilitation or some other serious matter, may be able to use a power of attorney to temporarily give custody rights to a third party. If the process is followed, the parent would not be subject to charges of child abuse, neglect or abandonment. The parent would not lose his or her custodial rights, and there would be no financial cost to the state. 

Modern divorce struggles include paternal rights issues and more

11684174_S.jpgSome lawyers have seen it all. In the field of family law, modern trends are creating new issues for couples to fight about. Whether it is about a father's paternal rights to an embryo, or about contentious social media postings, Missouri families have plenty to disagree about during a divorce. 

In this age of advanced reproductive technology, some couples aren't sure what to do with frozen embryos at the time of a divorce. In most cases, the embryos are treated as personal property and are divided as such, but judges usually take the opinion that one person cannot force another to become a parent against their will. So while the embryos can be divided, if the other person is not interested in becoming a parent it is unlikely that they can be implanted and carried in the womb unless both parties agree. 

Man says he was tricked into giving away custody rights

11681212_S.jpgOne man in another state is without his daughter after an incident with Child Protective Services that was recently highlighted in the news. The man claims that he was tricked into signing away custody rights in a moment of duress and that he did not understand the document he was signing. He is now taking the matter to court. Missouri fathers who aren't able to see their own children may find themselves empathizing with the man's situation. 

According to reports, the man needed to temporarily place his child with family friends after his wife had a heart attack. During that time, a teacher reported to CPS that the child smelled like a cat. The Department of Social Services then visited the man and, according to the father, forced him to sign a Custody and Visitation Agreement. He says he thought that he was giving his father custody until he was able to get back home from caring for his wife, but he was actually signing away his rights. 

Missing child located; child custody dispute may be to blame

25487205_S.jpgA local child was the center of an abduction alert recently. The Missouri youngster was initially reported missing, and police were drafting details for flyers when he was found. The incident appears to be the result of adults fighting over a child custody dispute. 

Authorities indicate that the case is complex and the investigation is ongoing. Witnesses in the neighborhood where the child was taken report seeing two older women parked in front of a home. The witness said that she later saw police cars and then she knew that something had gone wrong. 

Splitting marital assets includes retirement, investment accounts

Ending a marriage is never easy. When two people have built a life together, it can take a bit of strategy to untangle the threads. One facet of divorce is property division, where the two parties divide the marital assets between them. Retirement accounts and investment accounts typically represent the divorcing couple's largest collection of funds. In Missouri, each type of account has its own rules for separation, and by following the rules, an individual can avoid common mistakes that could potentially reduce his or her portion of the sum.

In order to split a 401(k), an order called the Qualified Domestic Relations Order must be filed. Each account should have its own order. This will typically be filed along with the divorce settlement. The QDRO allows the transfer of the funds from one account to another. The document is usually drafted by a professional -- often a lawyer, and will need to be written so that it matches the intent of the divorce order. 

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Stange Law Firm, PC

Stange Law Firm, PC
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St. Charles, Missouri 63303

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