Missouri Lawyers Media » Family Law opinion

Probate: Will Contest – Necessary Parties – Omitted Heirs

Kraemer v. Maniscalco (MLW No. 61161/Case No. ED94239 – 6 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.)

Probate: Revocable Living Trust – Accounting – Incapacity

Peters v. Peters (MLW No. 61162/Case No. ED94219 – 6 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Domestic Relations: Child Support – Imputed Income – Retroactive Amount

Heck v. Heck (MLW No. 61126/Case No. WD71642 – 15 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Domestic Relations: Child Support – Visitation Adjustment – Tax Exemption

Nevins v. Green (MLW No. 61125/Case No. WD71750 – 12 pages) (Missouri Court of Appeals, Western District, Howard, J.)

Domestic Relations: Child Support – Emancipation – College Student

Paden v. Kerns (MLW No. 61094/Case No. WD71182 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a trial court found that a college student was emancipated for child support purposes because he was only enrolled in nine credit hours since he received a “W” for “withdrawal” in a three-hour course, the judgment [...]

Domestic Relations: Marital Property – Misconduct – Squandering

James v. James (MLW No. 61089/Case No. SD29958 – 9 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where a trial court found a husband fraudulently hid and squandered marital property, the husband’s conduct denied the court the ability to properly value and divide the property, so the court did not err in making a [...]

Domestic Relations: Marital Property – Division – Pensions

Seggelke v. Seggelke (MLW No. 61087/Case No. ED92857 – 15 pages) (Missouri Court of Appeals, Eastern District, Frawley, J.)
Where a trial court included in a wife’s share of the marital property a 401(k) account that she had already “rolled over” into another asset, the court erred in failing to amend its judgment to account for [...]

Domestic Relations: Paternity – Standing – Signed Acknowledgement

Wilson v. Cramer (MLW No. 61039/Case No. WD71313 – 9 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

Domestic Relations: Parental Rights – Unfit Parent

F.W.M. v. Children’s Division of the Division of Social Services(MLW No. 60998/Case No. WD71740 – 6 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Where a 36-year-old man had been continuously incarcerated since the age of 18 of except for 13 months in which he fathered two children, the trial court’s decision to declaring the [...]

Child Custody: Separation of Siblings – Exigent Circumstances

Noland-Vance v. Vance (MLW No. 60990/Case No. SD28699 – 43 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Even though Missouri law does not support the separation of siblings except under exigent circumstances, the trial court’s custody award to the father of the three youngest of six siblings was proper because the mother’s parental alienation [...]

Domestic Relations – Relocation – Notice – Objection

Cortez v. Cortez (MLW No. 60991/Case No. SD30099 – 8 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Even though a father failed to file an objection to the mother’s proposed relocation within 30 days of receiving her notice of relocation, the trial court still had jurisdiction to deny the relocation because the mother’s notice [...]

Woman wins judgment for sons’ abuse at day care

A federal court approved a $1.1 million judgment against a former Lee’s Summit day care provider whose foster son allegedly molested two children in her care.

Domestic Relations: Child Custody – Modification – Supervised Visitation

Baker v. Baker (MLW No. 60948/Case No. SD29873 – 16 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where the trial court made findings about a father’s inappropriate sexual conduct with an unrelated minor, his lack of supervision of his child in the dangerous environment of a river and his repeated impairment while his child [...]

Domestic Relations: Adoption – Transfer Of Custody – Invalid Placement

In re the Adoption of C.M.B.R. v. E.M.B.R. (MLW No. 60945/Case No. SD30342 – 17 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Where a child was placed with an adoptive family by his babysitters and his mother’s relatives without the involvement of the Children’s Division or a child placement agency and the mother, who [...]

Domestic Relations: Marital Property – Division – Marital Conduct

Hight v. Hight (MLW No. 60918/Case No. SD29991 – 9 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)
Where a trial court in a dissolution awarded 93 percent of the marital property and 3 percent of the marital debt to the wife, the judgment is reversed because there was not enough substantial evidence of [...]

Domestic Relations: Parental Rights – Termination – Abuse

In the Interest of: D.O. and K.N. v. Taney County Juvenile Office (MLW No. 60917/Case No. SD30077/SD300079 – 29 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a trial court terminated a father’s parental rights based solely on the events that brought his children into protective custody without assessing the father’s current ability to [...]

Accused have right to see child abuse report

People accused of child abuse but who have not yet been charged with a crime have a right to see the state’s investigative report on them, a state appeals court ruled.

Domestic Relations: Parental Rights – Termination – Mental Condition

In the Interest of: J.J.B.; D.A.B. and K.S.B. v. J.A.V.C. (MLW No. 60844/Case No. WD71911 – 13 pages) (Missouri Court of Appeals, Western District, Witt, J.)
Where a trial court found that a mother suffered from mental conditions including brain trauma, post-traumatic stress disorder and depression that were irreversible and made her unable to knowingly provide [...]

Domestic Relations: Child Support – Extraordinary Expenses – Squandered Assets

Pickering v. Pickering (MLW No. 60840/Case No. WD71489 – 25 pages) (Missouri Court of Appeals, Western District, Mitchell, P.J.)
(1)Where a husband in a dissolution testified that he liquidated marital assets but argued that he spent the money on everyday living expenses, substantial evidence supported a finding that the husband squandered the assets and the husband [...]

Domestic Relations: Parental Rights – Termination – Best Interests

T.D. W. v. Greene County Juvenile Office (MLW No. 60795/Case No. SD30220 – 8 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a father, who was incarcerated, did not attempt to have a relationship with his child and did not offer any support after learning that the child had been placed in protective custody, [...]