Category Archives: Domestic Abuse

Conduct not to level of stalking to support protection order

Recent Case: Respondent’s conduct did not rise to the level of stalking to support an order of protection. Respondent appeals from the judgment of the trial court granting a full order of protection in favor of Petitioner. Respondent argues the trial court erred in granting a full order of protection under Section 455.040 because Petitioner… Continue Reading

Every child is entitled to a permanent and stable home

By Kansas City Divorce Attorney Mark Wortman on September 1, 2014 Posted in Child Abuse, Child Custody and Visitation, Domestic Abuse

Recent case: Termination of parental rights for failure to rectify When children are taken into protective care by the children’s division, the goal is to reunite the children and the parent(s). However, parental rights can ultimately be terminated because of a failure of the parents to remedy the cause(s) of the children to be taken… Continue Reading

Factors Considered by the Court when Making a Custody Determination

By Kansas City Divorce Attorney Mark Wortman on June 20, 2012 Posted in Custody and Visitation, Divorce, Domestic Abuse, Legal Proceedings, Legal Separation, Marriage and Family, Military Family Law, Modifications, Paternity, Spousal Abuse

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 case law framework that guides the court in making the determination. Note that when… Continue Reading

Case Law Update: Rude, Irritating, or Inconvenient Conduct not Sufficient to Support Order of Protection

By Kansas City Divorce Attorney Mark Wortman on March 31, 2012 Posted in Domestic Abuse, Legal Proceedings

Recent Case: SD v. MW Missouri Court of Appeals, Southern District – SD31296 Under section 455.010(13), "stalking" occurs when any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person’s situation to have been alarmed by the conduct. As used in… Continue Reading

Case Law Update: No Child Abandonment Without Knowledge

By Kansas City Divorce Attorney Mark Wortman on March 4, 2012 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

Recent ruling: Termination of parental rights unsupported

By Kansas City Divorce Attorney Mark Wortman on October 1, 2010 Posted in Child Abuse, Custody and Visitation, Domestic Abuse, Guardian Ad Litem, Legal Proceedings, Marriage and Family, Paternity

The statute provides that, when considering whether to terminate parental rights, the circuit court must consider certain factors, as to which evidence was either absent; less than clear, cogent and convincing; or favored the parent. Factors including whether mental condition will improve does not mean intelligence. Whatever else may be appropriate, judgment terminating parental rights… Continue Reading

Recent Family Law Rulings From the Missouri Court Of Appeals

By Kansas City Divorce Attorney Mark Wortman on March 31, 2008 Posted in Child Support, Custody and Visitation, Domestic Abuse, Guardian Ad Litem, Legal Proceedings, Modifications

Circuit Court May Depart From Recommendations On Physical Custody Guardian ad litem and court-appointed therapist both recommended joint legal custody and supervised visitation for Father. Circuit Court followed the former but not the latter. When evidence supports an alternative award, “the trial court is not bound by the requests of any party as to custody… Continue Reading

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