» Guardian Ad Litem
Missouri Court Awards Sole Custody to Man Who Believed He Was the Child's Father and Fulfilled that Role
November 15th, 2019
A parent-child relationship, defined at the most basic level, is the relationship between a person and one of the people who contributed directly to their birth. There is far more to parenting than biology, though, and Missouri family law recognizes…
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Marijuana use not grounds for termination of parental rights
July 19th, 2016
Recent Case: Marijuana use under the level of chemical dependency not grounds for termination of parental rights Father appeals from the judgment terminating his parental rights. Grounds for termination of parental rights require clear and convincing…
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Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal
November 7th, 2015
Recent Ruling: Court not required to follow Guardian Ad Litem Recommendation, Specific findings under the 8 statutory factors required in Judge tried case Father appeals from the trial court’s dissolution judgment as to child custody and property d…
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Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate
September 9th, 2014
Recent Case: Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father. The Court ultim…
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Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees
December 15th, 2012
Recent Case: JT Appellant vs. AT, Respondent Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child custody and su…
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Express allegations of abuse or neglect required for mandatory appointment of Guardian Ad Litem; Alternating weekend parenting plan is joint physical custody.
November 16th, 2012
Recent case: CJWQ vs. SJQ Missouri Court of Appeals, Western District – WD74342 Mother appeals the circuit court’s judgment modifying the dissolution decree from her marriage to Father. Mother asserts that the court erred when: (1) it failed…
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"Sole physical custody" award that incorporates significant parenting time to the other parent is not sole custody by definition, but joint custody instead
September 24th, 2012
Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District – WD7455 Father appeals from a judgment entered in the Circuit Court of Clay County in an action to establish…
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Child Neglect Shown in recent Decision
February 5th, 2011
In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the child. “If a parent is unable to pay for all of…
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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
