Domestic Relations: Child Custody - Modification - Jurisdiction  (access required)

Hightower v. Myers, et al. (MLW No. 60347/Case No. SC89951 - 14 pages)
(1)Where a mother appealed after a trial court entered a modification of child custody to grant the Missouri father physical custody of the couple’s child during the school year after the mother relocated several times in New Jersey and then to Georgia and [...]

Domestic Relations: Child Neglect - Supervision - Sufficiency Of Evidence  (access required)

T.J. v. Department of Social Services, Children’s Division (MLW No. 60246/Case No. ED93105 - 11 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Where a mother left her 6-year-old child alone overnight while she visited a friend, the evidence was sufficient to support a finding of neglect based on lack of supervision despite the mother’s [...]

Probate: Trust Asset Management - Fiduciary Duty - Affirmative Defenses (access required)

Schumacher v. Schumacher (MLW No. 60265/Case No. WD70465 - 11 pages) (Missouri Court of Appeals, Western District, Howard, J.) 
Where trust beneficiaries brought an action against trustees arguing that trustees lacked authority to convert the trust assets into assets of a partnership, the trial court did not err in addressing the issue of whether the trustees [...]

Domestic Relations: Prenuptial Agreement - Validity - Child Custody  (access required)

Potts v. Potts (MLW No. 60268/Case No. WD70196 - 29 pages) (Missouri Court of Appeals, Western District, per curiam)
(1)Where a parenting plan awarded a father the parenting time that he wanted with his children, it is not necessary to find error or remand for correction the trial court’s designation of the mother as having “sole [...]

Domestic Relations: Parental Rights - Termination - Incarcerated Father  (access required)

R.M. v. Greene County Juvenile Office (MLW No. 60190/Case No. SD29946 - 12 pages) (Missouri Court of Appeals, Southern District, per curiam)
Where a trial court found that an incarcerated father committed the crimes for which he went to prison before knowing he was going to become a father and he sent cards and gifts to [...]

Domestic Relations: Adoption - Petition To Set Aside - Biological Father (access required)

P.J.B. v. D.A.P. (MLW No. 60166/Case No. SD29902 - 16 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where a child’s biological father moved to set aside an adoption by the mother’s husband, the evidence showed that the father was fully aware that he had signed a consent to the adoption and there was substantial [...]

High court halts webcast of gay-marriage trial (access required)

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The U.S. Supreme Court placed a two-day halt on the planned YouTube broadcast of a trial on the constitutionality of California’s ban on gay marriage.
The justices voted 8-1 to temporarily bar any broadcast beyond the San Francisco courthouse where the trial began Monday. Supporters of the ban are challenging a federal district judge’s order [...]

Domestic Relations: Marital Property - Division - Presumption Of Correctness (access required)

Skaggs v. Skaggs (MLW No. 60046/Case No. SD29604 - 9 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a trial court in a dissolution ordered payment of $17,000 from husband to wife to make the overall property distribution equitable, husband’s argument that no evidence showed that wife’s separate property still existed reflected a misunderstanding [...]

Domestic Relations: Maintenance - Reasonable Needs - Depletion Of Assets (access required)

Coffman v. Coffman (MLW No. 60058/Case No. WD70028 - 10 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Where a wife had no separate property and the husband depleted most of the parties’ assets during the marriage and the wife was employed in the best job she has had, the evidence was sufficient that wife [...]

Webb’s wide reach (access required)

Before Jan. 27, Charlene Wright might have had an easier time getting a $35 million tax lawsuit against Jackson County tossed.
That’s the date the Missouri Supreme Court said in Kelly K. Webb v. Jason L. Wyciskalla that courts can hear all civil and criminal cases. Webb’s tentacles since then have reached to opinions over the [...]

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