» Domestic Abuse

Conduct not to level of stalking to support protection order

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… Read More

Every child is entitled to a permanent and stable home

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 terminat… Read More

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… Read More

Case Law Update: Rude, Irritating, or Inconvenient Conduct not Sufficient to Support Order of Protection

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 p… Read More

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 st… Read More

Recent ruling: Termination of parental rights unsupported

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.  Factor… Read More

Recent Family Law Rulings From the Missouri Court Of Appeals

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… Read More