Questions and Answers

Avvo Q&A

• Can a judge take my parental rights away and jail me for not giving my daughter to her dad when we are quarantine?

  Christopher's Answer

  • on Mar 21, 2020

  You have to comply with the court's existing court order. If you believe the child is unsafe in the other parent's household then you should file the appropriate motion with the court. Until then the existing order is the one you would follow. I doubt a judge actually said they would "terminate your parental rights" but may have said non compliance with the existing order would likely mean that you could be held in contempt of court and there is a possibility of being held in jail until you purged yourself of the contempt by allowing the other parent their court ordered time with the children.

• Do I have to file for a modification if my ex husband sends me a letter that he is moving and has changes to the parenting plan?

  Christopher's Answer

  • on Oct 31, 2016

  Missouri statute 452.377 is the source you will need to look at to determine the rights and responsibilities of each parent.

  http://www.moga.mo.gov/mostatutes/stathtml/45200003771.HTML

  Contact an attorney immediately to avoid missing any deadlines.

• I have decided to get a divorce because of my husbands infidelity. What id my first step to get the process's started?

  Christopher's Answer

  • on Nov 21, 2015

  Every couple is a little different, but I think overall it's good advice to contact a lawyer to discuss your options. If you and your husband can be civil towards one another and discuss matters in an adult fashion then it doesn't hurt to sit down and go through things as best as possible together. The lawyer will look out for your legal interests but you and the children's Father will be raising those children for a lifetime.

• I have several traffic tickets in independence city court, that I forgot about. There is a good chance they have went to warrant

  Christopher's Answer

  • on Nov 21, 2015
   
  •  Selected as best answer

  Fortunately, Independence Municipal Court is relatively easy to work with regarding setting aside warrants, but you will need an attorney. Additionally, you will likely have a failure to appear suspension of your driving privileges. So once you have the warrant set aside and the ticket amended (recommended) then you will also need to get the Compliance Notice to take to the Dept of Revenue, or your local DMV, to show proof that you've taken care of the failure to appear and then the DOR will remove the failure to appear suspension, and assuming you have no other reasons for a suspension then your driving privileges will be reinstated.

• What is the practical difference between getting a speeding ticket amended to infraction speeding vs. defective equipment?

  Christopher's Answer

  • on May 7, 2015

  The defective equipment amendment is an infraction that carries 0 points being assessed on your driving record. The "infraction" speeding I assume means it would be amended to a 5 or less speeding charge. Also 0 points assessed. Practical difference should be none, but perhaps it appears on your driving record (not sure). For a look at how points are accumulated you can visit the following Missouri Department of Revenue link. http://dor.mo.gov/forms/899.pdf

• Bankrupctcy

  Christopher's Answer

  • on Jan 26, 2015

  Are you asking if there are lawyers that will represent you for no fee (pro bono)? Perhaps, but Probably not. And it's probably not a good idea to not get representation from a bankruptcy lawyer. This is why....I recently had a debtor come to me after filing their own bankruptcy petition an schedules. The paperwork was actually done pretty decent. However at the 341 the trustee made a couple of observations. First, the debtor had unnecessarily reaffirmed a debt for nearly $4,000. Second they had failed to capture several thousand dollars worth of exemptions. So yes it is possible to fill out all the right forms and get it filed on your own; however, the "cost" of an attorney could possibly SAVE you several thousand dollars.

• A hospital has turned me over to collections despite me being current on payments.

  Christopher's Answer

  • on Jan 22, 2015

  I would recommend that you have them verify the debt. You need to request this in writing. And they are required to send the verification to you. There are to many scam debt collection agencies out there, so just be careful about paying someone who just calls you and claims they own your debt.

• Requesting amt. for help keeping a speeding ticket off my record

  Christopher's Answer

  • on Jan 22, 2015

  Most prosecutors will amend a speeding ticket less than 15 miles per hour over the limit to either a defective equipment or a "no-point" speeding (less than 5 over) at an increased fine, plus costs. The attorneys fees depend on the attorney you find. But likely less than $200. Definitely a smart idea to contact an attorney to have it amended to avoid the points for two reasons. One, your insurance rates could increase (talk to your agent); and Two, to ensure your license doesn't get suspended for point accumulation. Check out the Missouri Point System.

• Can I begin applying for a credit card as soon as I get my discharge?

  Christopher's Answer

  • on Jan 21, 2015

  Yes it is definitely a way to boost your credit score. However, as the other attorneys have suggested it may not be the best plan. I used to recommend this to my clients for that very reason. But a better option is to try and maintain a debt free lifestyle. I highly recommend Dave Ramsey's lessons to my clients. Good advice at no cost.