Factors Considered by the Court when Making a Custody Determination

In Missouri, there are guidelines that the Court must follow in making a child custody determination. While all child custody determinations must be made in accordance with the best welfare and interests of the child, there is also a statutory and ca… Read More
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Courts Bulletin: Child Relocation

Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is required. Abraham v. Abraham, No. 31099 (Mo. App. S.D.,… Read More
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Case Law Update: No Child Abandonment Without Knowledge

Recent Ruling: Termination of parental rights requires proof of statutory grounds by clear, convincing and cogent evidence, and proof of child’s best interest by a preponderance of the evidence. In an action to terminate parental rights, the statut… Read More
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Missouri Supreme Court Increases Maximum Child Support Overnight Credit

The Missouri Supreme Court has recently issued an order that, effective, January 1, 2012, increases the maximum allowable Form 14 child support overnight credit to 50%. Specifically, on the Form 14, which is Missouri’s child support calculation… Read More
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Courts Bulletin: Recent developments in Missouri Family Law

Administrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011),… Read More
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Case Law Update: No Prejudice from Deficient Relocation Notice

Missouri statute requires that a parent relocating with a child give notice to the other parent. Receipt of notice starts the 30 day time limit to file a motion to bar the relocation. A deficient notice does not, alone, provide grounds to modify cust… Read More
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Recent case: Forum under Uniform Child Custody Jurisdiction Act and in personam jurisdiction

www.courts.mo.gov/file.jspMissouri Constitution provides subject matter jurisdiction of circuit courts. The Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remed… Read More
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When Attorney Fees Can Be Awarded in Divorce/Family Litigation

While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one party to contribut… Read More
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Child Neglect Shown in recent Decision

In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the child. “If a parent is unable to pay for all of… Read More
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Case Law Update: No contempt found when action was not intentional and contumacious - standards for custody modification

The Circuit court ordered re-financing of the house after divorce. At the hearing on a subsequent contempt action, the circuit court found that failure to comply was not contemptuous because party did not have the financial ability to comply with the… Read More
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