Kansas City Divorce Lawyer & Attorney : Wortman Law Firm

Evidence of abuse of a party must be allowed in child custody proceeding. KRP, a Minor by her Next Friend, Gleanice Brown, and Gleanice Brown, Individually, Respondent, v. Curtis Penyweit, Appellant, No. 66003 (Mo. App. W.D., April 24, 2007), Smith, J.
  The parties were vying for custody in this paternity action. Father attempted to introduce evidence that mother had physically abused him in the past. Mother's attorney objected to its relevancy unless the child at issue was present at the time. The trial court sustained the objection. Mother was awarded sole custody, and father appealed.
  Held: Reversed. “Giving the language of the statute its plain and ordinary meaning, there is no language in section 452.375.2(6) that would in any way limit the court's consideration to abuse occurring only in the presence of the child. In fact, the language says just the opposite. The statute refers to 'any' abuse of 'any' individual involved.”

Source: Missouri Bar

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Death Moots Appeal
Father's death mooted Mother's appeal of visitation provisions in judgment. As to Third-Party Respondent, Mother's appeal of property division is supported by evidence in the record, so Court of Appeals affirms. "[T]his Court accepts as true the evidence and reasonable inferences . . . in the light most favorable to the trial court's decision [and will] disregard all contradictory evidence and inferences . . . contrary to the court's decision."
Mary Margaret Holtgrewe, Appellant, v. Kurt Lawrence Holtgrewe, Respondent, Marlene V. Holtgrewe, Third Party Respondent. Missouri Court of Appeals Eastern District

Stalking By Text Messaging Not Proven
Plaintiff alleged that Defendant's contacts alarmed her, but testified merely that Defendant's text messages and telephone calls bothered her. Such evidence was insufficient to support a full order of protection.
Christinia M. George, Respondent, v. Candace McLuckie, Appellant. Missouri Court of Appeals Western District

Tax Returns Must Be Disclosed
Movant showed no prejudice in Circuit Court's erroneous refusal to require production of Respondent's tax returns because she did not show that the returns alone would have proven her case. Because Circuit Court found that Movant didn't meet her burden of proof, Circuit Court's failure to make a requested finding of fact on whether maintenance was modifiable or not was harmless.
In Re the Marriage of: Bradley Alan Mangus and Ronda Darlene Mangus. Bradley Alan Mangus, Petitioner/Respondent v. Ronda Darlene Mangus, Respondent/Appellant. Missouri Court of Appeals Southern District

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Ruben Francia has an article posted on Your Child - Your Divorce which looks at the best appropriate divorce parenting practices for school-age children. It is well-worth a full read.

Here is his list of some divorce parenting practices that are best for your child:

· Explain what is happening over and over again. Children this age are confused easily. In simple terms, explain where your child will live, with whom, where the departing parent will live, and who will provide care when both parents are unavailable.

· Encourage your child to talk about how he/she feels. Be sensitive to children’s fears. Let your child know that he or she can openly talk to you about the ups and downs of your separation or divorce.

· Read books together about children and divorce. Use books to help your child talk about feelings.

· Answer all questions about the changes, and keep lines of communication open. Make sure your child feels like he or she can ask you questions and get answers about why the divorce happened and what to expect.

· Plan special time together. Set aside special time to spend with your child but be careful not to make promises you may not be able to keep.

· Repeatedly tell children that they are not responsible for the divorce. Children need to be reassured that the breakup wasn’t their fault.

· Reassure children of how their needs will be met and of who will take care of them.

· Reassure children that everything will be ok, just different. Children are invariably frightened and confused by divorce. It’s a threat to their security. Provide extra hugs and kisses and tell your child that you and other adults will always be near to love and protect

· Talk to your child’s day-care provider about the divorce. She will better understand your child’s possible regressive behaviors and will likely offer extra support.

· Talk to your child’s teachers or school counselors about the divorce. They may then better understand possible learning or behavioral problems and will likely offer extra support.

· Keep daily routines intact. Children feel more secure when there is a standard routine. Stick with bedtimes, no matter at which home the children are. Have some consistent chores. Have some time committed to the child, which is treated as sacred.

· Respect, but monitor, your child’s privacy.

· Discourage reconciliation fantasies. Avoid dinners, outings, or holiday celebrations with your ex-spouse; they only fuel your child’s fantasies. Instead, emphasize the finality of divorce

· Be sensitive to children signs of depression and fear. Seek professional help if depression is prolonged or intense.

· Help non-custodial parent stay involve. Let non-custodial parent maintain a regular presence such as a phone call several times each week, messages sent on video or audiotapes.

· Plan a schedule of time for children to spend with their other parent. Be supportive of children’s ongoing relationship with the other parent. Remember that children generally fare best when they have the emotional support and ongoing involvement of both parents.

Source: Georgia Family Law Blog

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Sooner or later, many families face the prospect of moving. Disruptive as moving can be for parents, the experience can be even more traumatic for kids, who may not be a part of the decision to move and may not understand it.

Kids may need some time and special attention during the transition. You can take steps to make the entire process less stressful for everyone.

Making the Decision to Move

Many kids thrive on familiarity and routine. So as you consider a move, weigh the benefits of that change against the comfort that established surroundings, school, and social life give your child.

If your family has recently dealt with a major life change, such as divorce or death, you may want to postpone a move, if possible, to give your child time to adjust.

The decision to move may be out of your hands, perhaps due to a job transfer or financial issues. Even if you're not happy about the move, try to maintain a positive attitude about it. During times of transition, a parent's moods and attitudes can greatly affect kids, who may be looking for reassurance.

Discussing the Move With Your Child

No matter what the circumstances, the most important way you can prepare your child is to talk about it early and often.

Try to give your child as much information about the move as soon as possible. Answer questions completely and truthfully, and be receptive to both positive and negative reactions. Even if the move means an improvement in family life, kids don't always understand that and may be focused on the frightening aspects of the change.

Involving kids in the planning as much as possible makes them feel like participants in the house-hunting process or the search for a new school. This can make the change feel less like it's being forced on them.

If you're moving across town, try to take your child to visit the new house (or see it being built) and explore the new neighborhood.

For distant moves, provide as much information as you can about the new home, city, and state (or country). Learn where your child will be able to participate in favorite activities. See if a relative, friend, or even a real estate agent can take pictures of the new house and new school for your child.

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Failure To Provide Shown
Overwhelming evidence supporting Circuit Court's finding that Mother was negligent included frequent moves and association with men known to abuse children, failure to make and keep appointments for Child's therapy, and failure to contribute. Mother waived findings of fact by filing no motion to amend.
In re the Interest of: K.M.C., III. Missouri Court of Appeals Southern District

Too Much Grandparent Visitation
Courts will determine on a case-by-case basis whether Grandparent visitation intrudes too much on parenting. Circuit Court's order of Grandparent visitation on regular weekends and holidays was more than the occasional and temporary amount allowed by statute because it "would leave fewer options for the family to socialize as a unit. Thus, we remand the case to the trial court to order visitation that is less frequent and more flexible than the current one."
Don Shemwell and Mary Shemwell, Respondents, v. Karen Arni, Appellant. Missouri Court of Appeals Western District.

Source for Post:  The Missouri Bar

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