» Paternity
Missouri Paternity Laws: Establishing and Challenging Parentage
January 12th, 2024
Under Missouri paternity law, a father has the right to spend time with his child and develop an emotional bond with them — regardless of whether they are married to the child’s mother. If the child’s mother will not recognize the father, paren…
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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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New Missouri custody law seeks to maximize time with each parent, takes effect August 28
August 21st, 2016
Governor Jay Nixon signed House bill 1550 into law on July 1, 2016, which takes effect August 28, 2016. This law has been dubbed as an equal custody law, or 50/50 custody law, but that is not an entirely accurate description. Rather than specifically…
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2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.
May 17th, 2016
Mother and Father (T.B.) had a baby in 2000. Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity. The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B. to…
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Missouri Case Law: Dispute Resolution Procedure Required in Parenting Plan
September 10th, 2013
Recent case: In Re The Matter of: C.H., by her Next Friend, C.H., and C.H., Individually, Petitioners/Respondents, v. C.W., Respondent/Appellant. Missouri Court of Appeals, Eastern District – ED98749 Mother appeals from the trial court’s…
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Electronic Domestic Case Filing Begins in March in Jackson County
February 16th, 2013
News Release from the Jackson County Circuit Court: Starting in March, there will be no more mad dashes to the courthouse by attorneys to file papers at the last minute. The Circuit Court in Jackson County will begin paperless electronic filing which…
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The Petitioner (or movant) in an action to set aside a previous order for paternity and child support must pay the costs of DNA testing.
November 30th, 2012
Recent Case: State of Missouri (FSD) v. [Family Court Commissioner] Missouri Court of Appeals, Western District – WD75408 State ex rel. State of Missouri, Department of Social Services, Family Support Division (“Relator”) sought a p…
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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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No Presumption that Child Should Bear the Last Name of One Parent Over the Other
September 7th, 2012
Recent Case: M.R.H., Respondent, vs. J.N.P., Appellant. Missouri Court of Appeals, Eastern District – ED97338 J.N.P. (“Mother”), biological mother of M.R.H. (“Child”), appeals from the judgment of the trial court followi…
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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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