Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Adoption and Guardianship

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Guardianship of children approved upon showing of unfitness and inability to parent

Posted in Adoption and Guardianship, Child Abuse, Custody and Visitation, Family Law
Recent Case from the Court of Appeals:   Letters of Guardianship Affirmed Mother appeals from the trial court’s judgment, which appointed Petitioners as guardians over two minor children. The trial court’s judgment found the children’s parents (Mother and three separate fathers) unwilling, unable, or unfit to fulfill their duties as guardians under Section 475.030.4(2). On… Continue Reading

Child support paid by third party does not equal child neglect; Proposed Judgments prepared by counsel should not be signed verbatim.

Posted in Adoption, Adoption and Guardianship, Legal Proceedings, Parenting and Adoption, Trials
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 action for termination of, parental rights.  Adoption statutes afford relief on clear, cogent, and convincing evidence of abandonment… Continue Reading

Case Law Update: No Child Abandonment Without Knowledge

Posted in Adoption and Guardianship, Child Abuse, Custody and Visitation, Divorce, Domestic Abuse, Paternity
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 statutory ground of abandonment means six pre-petition months of “a voluntary and intentional relinquishment of the custody of… Continue Reading

Child Neglect Shown in recent Decision

Posted in Adoption and Guardianship, Child Abuse, Child Support, Custody and Visitation, Divorce, Guardian Ad Litem, military divorce, Military Family Law, Modifications, Paternity
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 a child’s financial needs, he or she has a duty to provide as much… Continue Reading

Case Law Update: Grandparent Visitation Cannot Be Granted By A Probate Judge

Posted in Adoption and Guardianship, Custody and Visitation
In the Matter of D.C.O. and A.D.O., Bill Hitt and Brenda Hitt, Appellants v. Mark S. Odom, Respondent, No. 28163 (Mo. App. S.D., December 7, 2007), Parrish, P.J.   The father of two minor children filed a motion to modify a prior judgment granting grandparent visitation. The judgment from which he sought modification had been entered… Continue Reading