Findings are not required under 452.375 (custody statute) where the trial court has determined that the party seeking to change a custody order has failed to satisfy the required burden of proof. The required findings under 452.376 do not come into p…
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As most people know, the California Supreme Court recently ruled that the state’s ban on same-sex marriage was unconstitutional. So what does that mean for Missourians? In California, there were two statutes that said that a marriage is between…
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Two proposals by the Family Law Section of the Missouri Bar failed to pass in 2008. House Bill 1358 proposed to enact the Uniform Child Custody Jurisdiction Enforcement Act. Missouri remains one of only four jurisdictions that has not adopted the Act…
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Circuit Court May Depart From Recommendations On Physical Custody Guardian ad litem and court-appointed therapist both recommended joint legal custody and supervised visitation for Father. Circuit Court followed the former but not the latter. When ev…
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Every divorcing parent should make it their top priority to keep their children from getting caught in the middle of the conflict of their divorce. The following is the second installment of tips and thoughts are from James Roberts, RSW, a licensed s…
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Record supports findings that Father could have supported and contacted Child but did not do so, that he did not repent of his conduct, and that his present and future conduct would be no different. In the Matter of E.F.B.D. W.H. and K.H., Petitioner…
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In the Matter of D.C.O. and A.D.O., Bill Hitt and Brenda Hitt, Appellants v. Mark S. Odom, Respondent, No. 28163 (Mo. App. S.D., December 7, 2007), Parrish, P.J. The father of two minor children filed a motion to modify a prior judgment granting gran…
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What happens if there is a court ordered parenting plan as a result of a divorce, paternity case, or other proceeding, and one of the parents wishes to relocate to another city or state? Well, Missouri law places a burden on the parent to notify the…
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In Missouri, there is a specific law that details under what circumstances Missouri Courts have jurisdiction to make custody and visitation orders, called the Uniform Child Custody Jurisdiction Act, or MoUCCJA. Section 452.150.1 sets out the four alt…
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The New York Divorce Report recently had an interesting post regarding pets and divorce. Being a dog fanatic myself (Golden Retriever and Black Lab in our family), I thought it was particularly interesting When a childless couple divorces there is ge…
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