Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Custody and Visitation

Subscribe to Custody and Visitation RSS Feed

Abandonment Shown In Termination of Parental Rights Case: Case Summary and Law

Posted in Custody and Visitation
Record supports findings that Father could have supported and contacted Child but did not do so, that he did not repent of his conduct, and that his present and future conduct would be no different. In the Matter of E.F.B.D. W.H. and K.H., Petitioners-Respondents, v. S.B., Respondent-Appellant. Missouri Court of Appeals Southern District (Father) appeals… 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

Can Parents Relocate After Entry of a Child Custody Order in a Divorce or other Proceeding?

Posted in Custody and Visitation, Divorce
What happens if there is a court ordered parenting plan as a result of a divorce, paternity case, or other proceeding, and one of the parents wishes to relocate to another city or state?  Well, Missouri law places a burden on the parent to notify the other parent, in writing, meeting specific requirements, before the… Continue Reading

Child Custody Jurisdiction under MoUCCJA: The Law and Recent Rulings from the Court of Appeals

Posted in Custody and Visitation
In Missouri, there is a specific law that details under what circumstances Missouri Courts have jurisdiction to make custody and visitation orders, called the Uniform Child Custody Jurisdiction Act, or MoUCCJA.  Section 452.150.1 sets out the four alternative jurisdictional bases that exist under the UCCJA. If a court is otherwise competent to decide a child custody matter,… Continue Reading

Courts Bulletin:Child Custody

Posted in Child Abuse, Custody and Visitation
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… Continue Reading

Recent family law decisions from the Missouri Courts of Appeals

Posted in Custody and Visitation, Divorce, Legal Proceedings, Property Division, Spousal Abuse
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… Continue Reading

6-1-2007 This Weeks Family Law Cases

Posted in Custody and Visitation
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.,… Continue Reading

Parenting showdown: Moms vs. Dads Couples’ fights on raising kids can significantly impact all family members

Posted in Custody and Visitation, Divorce, Marriage and Family
Child-rearing is often a sensitive and complicated issue for couples, and many argue about just how to properly raise their young. But for children, major parental disagreement is a source of mixed messages and confusion that may undermine the attitudes, values and behaviors parents hope to teach. Stacy DeBroff, president of the popular parenting website… Continue Reading

Judge ordered DNA test on Anna Nicole Smith’s daughter

Posted in Custody and Visitation
And in the fabulous world of family law entertainment news… NASSAU, Bahamas (AP) — A Bahamian judge ordered a DNA test Tuesday on Anna Nicole Smith’s infant daughter to identify the girl’s father, an attorney for the baby’s grandmother said, the latest chapter in a bitter custody feud sparked by the pinup’s death last month. Larry… Continue Reading

3-16-2007 This week in Missouri Family Law

Posted in Child Support, Custody and Visitation, Paternity
Modifying Child Support Order Requires Calculation Of Presumed Amount On motion to modify child support, Circuit Court must determine presumed amount, and determine whether to accept or reject it, even when no party requested findings of fact. Laura M. Klingseisen, n/k/a Laura Al-Amery, Petitioner/Appellant, v. Robert E. Klingseisen, Respondent. Missouri Court of Appeals Eastern District… Continue Reading

Jackson County Parenting Together Living Apart Class Information

Posted in Custody and Visitation, Divorce, Marriage and Family, Paternity
The following post is information for clients who have paternity or custody actions pending in Eastern or Western Jackson county Missouri about the PTLA program which is required by the Court. PTLA (Parenting Together Living Apart) is a parent educational program designed to teach parents who have never been married to each other but have… Continue Reading

Missouri Courts Bulletin: Substantial Change in Circumstances Not Required for Change in Parenting Time in Joint Custody Arrangement

Posted in Custody and Visitation, Modifications
Standard of proof for modification of joint physical custody. Kimberly Russell n/k/a Kimberly Bichsel, Respondent v. Mark Russell, Appellant, No. 87917 (Mo. banc, January 9, 2007), Wolff, C.J.   It is axiomatic that the modification of visitation only requires that the proposed change be in the best interest of the child whereas a modification of custody… Continue Reading

Hearing over paternity of Anna Nicole Smith’s infant daughter slated Friday

Posted in Custody and Visitation, Marriage and Family, Uncategorized
FORT LAUDERDALE, Fla. (AP) — The melodramatic legal fallout from Anna Nicole Smith’s death shifted Friday from where to bury the former Playboy Playmate to who gets custody of her baby, who could inherit millions. Attorneys for Larry Birkhead, the photographer who claims to have fathered 5-month-old Dannielynn, planned to ask a Florida family court… Continue Reading

Entering rehab can bolster Britney Spears’ bid for custody of children, lawyers say

Posted in Custody and Visitation, Marriage and Family
LOS ANGELES (AP) — Britney Spears’ decision to check into rehab could help her in court as she to tries to retain custody of her two young children with estranged husband Kevin Federline, according to family law attorneys. That is, of course, if she actually completes a rehab program. When Spears checked into Promises Malibu… Continue Reading

Kevin Federline to appear at Los Angeles courthouse for emergency hearing

Posted in Custody and Visitation, Marriage and Family
LOS ANGELES (AP) — As Britney Spears was checking out of rehab for the second time in a week on Wednesday, her estranged husband was making plans to go to court amid a custody dispute over their two children. Kevin Federline and his lawyer were scheduled to appear at a downtown courthouse Thursday for an… Continue Reading

This Week in Missouri Family Law: More than one incident was at issue supporting termination of parental rights

Posted in Custody and Visitation
Mother’s inability to discipline children appropriately, or protect them from Father’s abuse, supported a termination of her parental rights under provisions related to abuse, neglect, and failure to rectify. Her repeat conduct after parenting classes was not a single incident, but was one of many and showed a failure to rectify. Evidence, including Children’s improvement… Continue Reading

This Week in Missouri Family Law: Father’s failure to rectify conditions that supported termination of rights

Posted in Custody and Visitation
  Father’s continuing life of professional crime, romantic relationship with a 14-year-old, and uses of pornography supported Juvenile Court’s judgment that Father had failed to rectify conditions and that termination of Father’s rights was in Children’s best interest. In the Interest of K.A.W. and K.L.W. Children under Seventeen Years of Age. Greene County Juvenile Office,… Continue Reading

This Week in Missouri Family Law: Court Must Set Visitation

Posted in Custody and Visitation, Uncategorized
Circuit Court did not err in denying Father’s unwritten motion for continuance that was unsupported by affidavit or Mother’s consent. Father did not show that Circuit Court failed to divide property according to judgment because he offered no evidence of major asset. Father failed to show that Circuit awarded him any debt for which Mother… Continue Reading

Missouri Case Law Development: Presumed correct child support regarding daycare

Posted in Custody and Visitation, Family Law, Marriage and Family, Uncategorized
Presumed correct support amount even if daycare paid separately. John Mitalovich, Appellant, v. Tammy Lee Toomey, Respondent, No. 87755 (Mo. App. E.D., November 21, 2006, Ahrens, P.J.   This summary is strictly for the purpose of noting the proper findings in a judgment as to the presumed correct support amount for child support when work-related child… Continue Reading

Missouri Case Law Development: Parenting Plan Must Address School Holidays and Birthdays

Posted in Custody and Visitation, Family Law, Legal Separation, Modifications, Uncategorized
Record supports Trial Court’s order for anger management, and order is sufficiently specific to enforce. Trial Court did not stop Father from participating during in-chambers interview, and Child’s statements in that procedure support custody order. Trial Court erred by issuing parenting plan that failed to address custody on Child’s birthday and school holidays, requiring remand.  … Continue Reading