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 educationa… Read More
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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
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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 s… Read More
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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, there wil… Read More
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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… Read More
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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 custody and su… Read More
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Express allegations of abuse or neglect required for mandatory appointment of Guardian Ad Litem; Alternating weekend parenting plan is joint physical custody.

Recent case: CJWQ vs. SJQ Missouri Court of Appeals, Western District – WD74342 Mother appeals the circuit court’s judgment modifying the dissolution decree from her marriage to Father. Mother asserts that the court erred when: (1) it failed… Read More
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No Jurisdiction to Modify Custody Decree under UCCJEA

Recent Case: SHA, Respondent, vs. COA, Appellant. Missouri Court of Appeals, Eastern District – ED97993 Mother appeals from the judgment of the trial court dismissing her motion to modify a child custody order entered in the State of Illinois.… Read More
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"Sole physical custody" award that incorporates significant parenting time to the other parent is not sole custody by definition, but joint custody instead

Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District – WD7455 Father appeals from a judgment entered in the Circuit Court of Clay County in an action to establish… Read More
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No Presumption that Child Should Bear the Last Name of One Parent Over the Other

Recent Case: M.R.H., Respondent, vs. J.N.P., Appellant. Missouri Court of Appeals, Eastern District – ED97338 J.N.P. (“Mother”), biological mother of M.R.H. (“Child”), appeals from the judgment of the trial court followi… Read More
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