Family Law and Estate Planning FAQs Serving Kansas City, MO

A family attorney handles divorce, child custody, child and spousal support, adoption, guardianship, and modifications to existing court orders. McElligott Ewan & Hall PC serves individuals and families throughout the Kansas City, MO, area across all of these matter types. A consultation can help clarify which services apply to your circumstances.

Missouri courts base custody decisions on the best interests of the child, weighing stability, parenting ability, work schedules, and emotional needs. Neither parent receives an automatic preference based on gender alone under Missouri law. McElligott Ewan & Hall PC can help Kansas City, MO, families build a well-documented case for a fair custody arrangement.

The process typically begins with filing a Petition for Dissolution of Marriage in the appropriate Missouri circuit court, often the 16th Circuit for Jackson County residents. Financial disclosures from both parties follow. Key issues, including property division, custody, and spousal support, are then resolved through negotiation, mediation, or trial. The timeline and complexity can vary significantly depending on whether the divorce is contested or uncontested.

Missouri uses a standardized income-shares worksheet that factors in both parents' gross incomes, the number of children, childcare expenses, and health insurance costs. The resulting figure can be adjusted by the court when special circumstances apply. An attorney can review your specific numbers and explain how Missouri guidelines may affect your support obligation.

Yes, Missouri courts may modify custody, support, or maintenance orders when a substantial and continuing change in circumstances can be demonstrated. Common qualifying changes include a significant income shift, relocation, or a change in the child's needs. Modifications typically require a formal motion filed with the court that issued the original order.

Missouri law provides a pathway for grandparents to petition for visitation rights under specific circumstances, such as when the parents' marriage has been dissolved or when a grandparent has been unreasonably denied visitation. Courts evaluate these petitions through the best-interests-of-the-child standard. Grandparent rights cases can be nuanced. An attorney familiar with Missouri family law may help clarify your options.

Look for an attorney with demonstrated experience in Missouri family law, a clear communication style, and proximity to the courts where your case will be heard. McElligott Ewan & Hall PC has served clients near the Jackson County Courthouse in Independence, MO, since 1985. Scheduling a consultation is often the most reliable way to assess whether a firm is the right fit for your needs. Learn more about family law services at family law.

A valid will directs how your assets are distributed after your death and allows you to name an executor to carry out those wishes. Without a will, Missouri's intestate succession laws (the state's default inheritance rules) determine distribution, which may not reflect your intentions. Missouri law requires wills to be signed and witnessed in specific ways to be legally binding.

A will takes effect only at death and passes through probate. A revocable living trust can manage assets during your lifetime and may allow certain property to pass to beneficiaries outside probate. Missouri probate can add time and cost to estate administration, which is one reason some families explore trust-based planning. McElligott Ewan & Hall PC offers both wills and a range of trust options, including special needs trusts and irrevocable trusts.

A durable power of attorney designates someone to manage financial or legal decisions on your behalf if you become incapacitated. In Kansas City, MO, and throughout Missouri, this document remains effective even if the principal loses capacity, unlike a standard power of attorney. Without one in place, a family may need to seek a court-supervised conservatorship, which can be a longer and more costly process.