What if your child does not want to visit the other parent?
July 14, 2019
There are many issues that can regularly come up after your divorce, especially if you share custody with your children. It can be difficult for children to split their time between two homes. You and other Missouri residents may wonder how the legal system works if your children say they do not want to visit the other parent.
If your children are facing an extended visit with your ex, such as staying at his or her house for several weeks during the summer, can you simply refuse to send them if they are adamant that they do not want to go? This can be a heartbreaking and difficult situation, but as FindLaw explains, there are serious legal consequences to violating a custody and visitation order. Family law courts state that it is important for children to have a relationship with both parents. Often, children do not want to switch places because they may find spending time with the other parent boring, they may be anxious about new situations or they may be trying to exert their independence by “digging in their heels.”
Other instances, however, may rightfully give you cause for concern. Your ex may have a history of domestic violence or substance abuse, and you may be concerned about your children’s safety while at his or her home. It is important to keep the lines of communication open with your children. If you suspect their well-being is at stake, you may be able to have the visitation order changed by petitioning the family court.
Since this topic can be emotional and complex, you should understand that this post is not meant as legal advice.
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If you have been arrested for a DWI in the Kansas City metro area, the clock is already ticking against your right to drive. Most drivers assume they have until their first court date to handle their case. This is a mistake that leads to an automatic license suspension. In Missouri, you have exactly 15 days from the date of your arrest to request an administrative hearing. In Kansas, that window is even tighter, just 14 days. If you miss this deadline, your license will be suspended or revoked automatically, regardless of whether you are eventually found "not guilty" in criminal court. What is the 15-Day Rule in Missouri When a law enforcement officer in Missouri arrests you for a DWI , they typically seize your physical driver’s license and issue you a Form 2385. This piece of paper serves two purposes: it is your temporary driving permit, and it is your formal notice of suspension. The "15-day rule" refers to the strict window provided by RSMo 302.525. You have 15 days from the date the notice was issued to mail or fax a request for an administrative hearing to the Missouri Department of Revenue (DOR). Why the 15-Day Window Matters If you do not file the request within this timeframe: Automatic Suspension: On day 16, your driving privileges are suspended. Loss of Appeal Rights: You waive your right to challenge the officer’s "probable cause" or the accuracy of the breathalyzer results. Hard Suspension Period: You will likely face a 30-day "hard suspension" where no driving is allowed, followed by 60 days of restricted driving with an ignition interlock device (IID). How Kansas Law Differs from the 14-Day Rule If your arrest happened on the Kansas side of the metro (Overland Park, Olathe, or KCK), the rules are even stricter. Under K.S.A. 8-1020, you have 14 days to request a hearing with the Kansas Department of Revenue.
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A car accident can change a normal day in seconds. Shock, noise, and confusion often follow, making it hard to think clearly. Knowing what to do next helps protect your health, your rights, and your claim. Here are the steps Missouri drivers should take after a crash, using clear and simple language. Checking Safety and Calling for Help After a crash, check yourself and others for injuries . If anyone feels pain, call 911 right away. If vehicles can move and it is safe, pull them to the side of the road to prevent another collision. Turn on hazard lights to warn other drivers. Calling the Police and Reporting the Crash Police should be called when there is an injury, a death, or visible property damage. In Missouri, accidents that cause injury, death, or property damage of more than $500 must be reported. When officers arrive, answer questions honestly and stick to facts. If police do not come to the scene, drivers may need to file a report with the Missouri Department of Revenue within 30 days. Exchanging Information at the Scene Drivers must share basic information with each other. This includes names, addresses, phone numbers, driver’s license details, license plate numbers, and insurance information. Stay calm and polite. Do not argue or discuss who caused the crash. Documenting the Accident Clear records can help later. Take photos of vehicle damage, the road, traffic signs, and any visible injuries. Write down the time, location, weather, and what happened while the details are fresh. If witnesses are present, ask for their names and contact details. Seeking Medical Care Promptly Some injuries do not show signs right away. Seeing a doctor soon after the crash protects your health and creates medical records tied to the accident. Follow all treatment advice and keep copies of medical bills and reports. Not Admitting Fault or Guessing Causes Avoid saying anything that sounds like an admission of fault. Simple statements like “I’m sorry” can be misunderstood. Missouri follows a pure comparative fault rule, which means fault can be shared. Even small statements can affect how responsibility is later decided. Notifying Your Insurance Company Report the accident to your insurer as soon as possible. Share basic facts but avoid giving recorded statements without legal advice. Keep notes of all calls and emails with insurers. Understanding Missouri Time Limits Missouri law gives injured people five years from the date of the accident to file a personal injury claim. Waiting too long can make it harder to collect evidence and speak with witnesses. Speaking With a Legal Professional Legal guidance can help if injuries are serious, fault is disputed, or insurance issues arise. A lawyer can explain options, handle communication, and help seek fair compensation under Missouri law. Taking the right steps after a car accident can reduce stress and protect your future. Staying calm, acting quickly, and keeping good records make a real difference. If you were injured in a car accident or are facing criminal charges, do not wait to get answers. Kelly & Jansen LLC is ready to review your situation, explain your options, and stand up for your rights. Contact the firm today to schedule a confidential consultation and take the first step toward protecting your future.
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If you’re pulled over in Missouri and an officer suspects you’ve been drinking, they may ask you to perform a field sobriety test . These tests are designed to help law enforcement determine whether a driver may be under the influence of alcohol or drugs. But are you legally required to take them — and what happens if you refuse? What Are Field Sobriety Tests? Field sobriety tests are physical and mental coordination exercises administered during a traffic stop. They’re meant to help officers assess a driver’s level of impairment before deciding whether to make an arrest. The most common standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) are: Horizontal Gaze Nystagmus (HGN) – following a moving object with your eyes to check for involuntary jerking associated with alcohol use. Walk-and-Turn Test – walking in a straight line heel-to-toe, turning, and walking back. One-Leg Stand Test – balancing on one foot and counting aloud. While these tests are used nationwide, they are not always accurate. Medical conditions, nervousness, fatigue, age, or even uneven pavement can cause sober drivers to perform poorly. Are You Legally Required to Take a Field Sobriety Test? In Missouri, you are not legally required to take field sobriety tests . They are voluntary, and you have the right to politely decline. Refusing to participate in these physical coordination tests does not carry an automatic penalty under state law. However, refusal may raise an officer’s suspicion and could still lead to an arrest based on other observations — such as the smell of alcohol, bloodshot eyes, or erratic driving. It’s important to understand that field sobriety tests are different from chemical tests , such as breath, blood, or urine tests. Missouri’s implied consent law applies to chemical testing, not field testing. Refusing a chemical test after a lawful arrest can result in an automatic license suspension through the Department of Revenue. What Happens If You Refuse? If you refuse a field sobriety test, the officer may rely on other evidence to establish probable cause for arrest. They may also request a breath or blood test once you’re in custody. While refusing may limit the evidence available to the prosecution, it does not guarantee that charges won’t be filed. Because each traffic stop is different, there is no one-size-fits-all answer to whether you should take the tests. The decision often depends on the circumstances, and drivers should understand the potential risks before deciding. Why Legal Guidance Is Important DWI laws in Missouri are complex, and small details can significantly affect the outcome of your case. From the legality of the initial stop to how evidence was gathered, every step must be handled correctly by law enforcement. If you’ve been arrested or charged with a DWI in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand your rights and evaluate your legal options. Our team provides clear, knowledgeable guidance to help you move forward with confidence.