In any Missouri divorce involving children, or any other dispute over child custody or visitation, decisions by the courts of this state must be in the “best interest of the children.” This is an intentionally ambiguous term. Every case is unique…
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Missouri law states that a child custody arrangement must be in “the best interests of the child.” It does not provide a specific definition of the term. Instead, it gives courts rather broad discretion when deciding custody issues, and provides…
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Divorce is never a pleasant process, but it does not always have to be war. Once the decision has been made—by you, by your spouse, or by both of you—to file for divorce, you must consider how you want to proceed. This includes deciding whether t…
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Party waives right to appeal when a Judgment is entered by consent/agreement. Recent case from the Missouri Court of Appeals: Parties cannot appeal a Judgment that was entered by Stipulation (agreement). Father and Mother entered into a stipulation w…
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The Constitution protects the fundamental right of a parent to custody of their child even though child’s best interests are the goal of statutes governing adoption. An action for adoption without parental consent terminates, without a separate act…
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Recent Missouri Case: Parent responsible for violating the court order when child refuses to visit the other parent as required in the court ordered parenting plan Appellant D.R.P. (“Mother”) appeals the judgment of the Circuit Court of J…
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Case Law Update: Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educationa…
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When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order. While most people do, there are always those who cho…
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Recent Ruling: MP v. DLP Missouri Court of Appeals, Western District – WD75647 Husband appeals from the trial court’s judgment and decree of dissolution of marriage with respect to its division of property. Husband claims that the trial c…
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An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed. In almost all cases, if the case can be resolved as an uncontested matter, there wil…
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