Recent Case: Termination Of Incarcerated Parent's Rights Reversed

In a recent termination of parental rights case, the Court stated that statutory grounds of abandonment, neglect, and unfitness require clear, cogent, and convincing evidence. The Incarcerated parent’s diligent efforts at maintaining contact with c… Read More
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Full Custody, Joint Custody, Sole or Split? Or maybe 50/50. What do I really want and what exactly do these words mean in Missouri anyway?

In cases involving children, the Court must, either by agreement or by trial, set up some sort of custodial arrangement for the kids involved. There are many options available, all of which fit under a just a few legally recognized categories. There… Read More
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The Financial Aspects of Divorce: Why It usually IS "All About The Money"

I can’t think of how many times that I have had a client tell me, regardless of what the issue is that is in dispute, that the opposing party is “just worried about money” or that it is “all about the money” for him or her, and that is thei… Read More
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Parenting Plan that Vaguely Assigns Decision Making Responsibilities to Third Party Unenforceable.

In a recent ruling by the Missouri Court of Appeals, in a custody modification proceeding, the trial court’s modified parenting plan delegated the authority to make all medical, educational, and extracurricular decisions for one of the parents’ t… Read More
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Parent Relocation - Finding that Children Could Not Relocate Reversed

In today’s highly mobile society, is is not uncommon at all for one parent to desire to relocate to another city or state. While Courts recognize that a parent cannot realistically be confined to one geographic location, the greater the distanc… Read More
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Recent Ruling: Property Division Accounts for Squandering

In a recent ruling by the Missouri Court of Appeals, the court upheld a trial court ruling where marital assets were divided unequally between the spouses, the division included money spent by a spouse after separation, and spousal maintenance was aw… Read More
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New Missouri Paternity law signed by Governor takes effect August 28, 2009

On July 7, 2009, Governor Jay Nixon signed into law senate bill number 141, which modifies Missouri’s paternity laws, effective August 28, 2009. The new law revises sections 210.826, and 210.828 and adds a new section 210.854, which will now allow… Read More
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Missouri Legislature passes Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and eliminates requirement that social security numbers be included in family law pleadings and judgments

Newly passed legislation will finally enact the Uniform Child Custody Jurisdiction and Enforcement Act as of August 28, 2009. Missouri was one of only three states that had not yet enacted the UCCJEA. This act will replace the current Uniform Child C… Read More
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Be Careful When Incorporating Maintenance Into Marital Settlement Agreement

An issue that I have seen a few times, and that was recently before the Court of Appeals for the Southern District, involves the incorporation of maintenance (alimony) provisions into a Marital Settlement Agreement, where the agreement provides that… Read More
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Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) wins approval in Missouri House

The Uniform Child Custody Jurisdiction and Enforcement act (UCCJEA) may finally win approval in this year’s legislative session. The measure is part of the Omnibus Judicial Bill (HB 187) that was perfected by a voice vote in the House this week. Th… Read More
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