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  1. #1

    Default Getting a Hearing on a Motion to Modify Custody

    My question involves a child custody case from the State of: Missouri/ Clay County. I have a Daughter That is six Years Old. Her mother and I Split up over three years ago. Up until July the 11 Of this year I have Had The privilege Of spending time with My Daughter. I had my child out of Wed Lock. I have Proof Of Paternity, I have a child Support Order which I do Pay. What I have done is File A Motion To Modify, The Original Child Support order, Submitted a Parenting Plan. And have Filed All the appropriate paper work. kit is now Oct 15. I have Had No Phone Calls from My Child no Visitation NOTHING. I have Also Contacted and put forth Mediation Four Times over the past Four Years to Resolve Differences. The Woman will Not Participate. I have My copy Of the Motion from the court. which has been filed. I have no court date yet But there are docket entries. Just Wondering what else i Can do To move this forward?

  2. #2
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    Default Re: What to Do Now

    Quote Quoting scottie_quick
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    My question involves a child custody case from the State of: Missouri/ Clay County. I have a Daughter That is six Years Old. Her mother and I Split up over three years ago. Up until July the 11 Of this year I have Had The privilege Of spending time with My Daughter. I had my child out of Wed Lock. I have Proof Of Paternity, I have a child Support Order which I do Pay. What I have done is File A Motion To Modify, The Original Child Support order, Submitted a Parenting Plan. And have Filed All the appropriate paper work. kit is now Oct 15. I have Had No Phone Calls from My Child no Visitation NOTHING. I have Also Contacted and put forth Mediation Four Times over the past Four Years to Resolve Differences. The Woman will Not Participate. I have My copy Of the Motion from the court. which has been filed. I have no court date yet But there are docket entries. Just Wondering what else i Can do To move this forward?
    Are you saying that you made a motion to modify your child support case to add visitation? If so, I think that you may have messed up. That would not normally be the proper way to handle things. Child support and custody/visitation are separate issues, and therefore normally separate cases. What you probably needed to file was an original petition for custody/visitation.

    Also, if you use normal punctuation (stop capitalizing every word) your posts would be easier to read.

  3. #3

    Default Re: What to Do Now

    Agree. Until you actually HAVE a court order that grant you visitation, mom isn't obligated to allow you access to the child - by phone, in person, or by any other method. Having an active child support case or seeking to modify one doesn't create a visitation case. THAT is the type of case you need to be initiating.

  4. #4
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    Default Re: Getting a Hearing on a Motion to Modify Custody

    If you file a motion before a court, you also have to secure a motion date, file a praecipe/notice of hearing, and serve the other party. It could be that your motion is sitting in a file because you didn't schedule it for hearing. Read this, esp. "In Missouri, the court clerk will schedule hearings. In some circuits, a litigant will not be placed on the docket automatically, but will need to request a hearing to get on the docket. You should check with your local court for the applicable procedure."

  5. #5

    Default Re: Getting a Hearing on a Motion to Modify Custody

    so i called the court yesterday. According to them I need to wait for the respondent's reply. She has thirty days to respond. My challenge with that is that would be another thirty days that I go without my child! Is there a Motion to file to Have emergency visitation set up?

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