Many people who have experienced domestic violence in their marriages fear that they will lose custody of their children to the abusive spouse. Although Missouri courts favor joint custody whenever possible, an exception may sometimes be made in case…
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Domestic violence is a serious crime under Missouri law in most situations, particularly when it involves physical violence or actions meant to put someone in fear of physical injury. Abuse victims often find it difficult to leave relationships with…
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Recent Case: Respondent’s conduct did not rise to the level of stalking to support an order of protection. Respondent appeals from the judgment of the trial court granting a full order of protection in favor of Petitioner. Respondent argues the tri…
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Recent case: Termination of parental rights for failure to rectify When children are taken into protective care by the children’s division, the goal is to reunite the children and the parent(s). However, parental rights can ultimately be terminated…
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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…
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Recent Case: SD v. MW Missouri Court of Appeals, Southern District – SD31296 Under section 455.010(13), “stalking” occurs when any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another…
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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…
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The statute provides that, when considering whether to terminate parental rights, the circuit court must consider certain factors, as to which evidence was either absent; less than clear, cogent and convincing; or favored the parent. Factors includin…
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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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