» Domestic Abuse
Determining Child Custody in Divorce Cases Involving Domestic Violence
January 26th, 2023
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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Family Violence: Legal Help for Those Living in Missouri With an Abuser
May 12th, 2022
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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Conduct not to level of stalking to support protection order
May 23rd, 2015
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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Every child is entitled to a permanent and stable home
September 1st, 2014
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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Factors Considered by the Court when Making a Custody Determination
June 20th, 2012
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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Case Law Update: Rude, Irritating, or Inconvenient Conduct not Sufficient to Support Order of Protection
March 31st, 2012
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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Case Law Update: No Child Abandonment Without Knowledge
March 4th, 2012
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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Categories: Adoption and Guardianship, Child Abuse, Custody and Visitation, Divorce, Domestic Abuse, Paternity
Recent ruling: Termination of parental rights unsupported
October 1st, 2010
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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Recent Family Law Rulings From the Missouri Court Of Appeals
March 31st, 2008
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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Mark A. Wortman
Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark Wortman has handled thousands of Missouri divorce and family cases and has practiced… Read More
