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Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal

Recent Ruling:  Court not required to follow Guardian Ad Litem Recommendation, Specific findings under the 8 statutory factors required in Judge tried case Father appeals from the trial court’s dissolution judgment as to child custody and property… Read More

Relocation approved, custody changed from joint custody to sole custody

Recent case:  Relocation must be in good faith and in children’s best interests; sole custody award appropriate when parents cannot jointly make decisions. In a recent case from the Missouri Supreme Court, a mother sought to modify a judgment diss… Read More

Parenting plan must have written time schedule and address holidays

Recent Case:  Missouri parenting plans must have specific, written parenting time schedule and must address holidays. Mother appeals from a judgment entered in the Circuit Court of Atchison County dissolving her marriage to Father. Mother challenges… Read More

Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

Recent Case:       Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father.  T… Read More

60 day Notice required for relocation, not Motion to Modify

Case Law Update:  Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educatio… Read More

Child Support Credit for Overnights Mandatory

Recent case: A. Harris vs. G Harris, Missouri Court of Appeals, Eastern District – ED99276 Father appeals the trial court’s judgment and decree of dissolution of marriage. Father claims the trial court erred in calculating Father’s child su… Read More

Modification of grandparent custody to Mother solely requires change in circumstances; best interest of child

Recent case: Missouri Court of Appeals, Eastern District – ED99303 Grandparents appeal from the judgment of the trial court modifying a 2009 custody order changing an arrangement of joint custody between grandparents and Mother to an award of… Read More

Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed.  In almost all cases, if the case can be resolved as an uncontested matter, the… Read More

Relocation of a child subject to a Missouri custody order

Missouri law governs the relocation of children after a custody order has been entered. "Relocation" is defined as "a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary ab… Read More

Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees

Recent Case: JT Appellant vs. AT, Respondent  Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child cust… Read More

Mark A. Wortman

Mark A. Wortman's Profile Image
Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More