Domestic Relations: Paternity Suit-Visitation Reduction-GAL Recommendation

Where a father appealed a judgment in an underlying paternity suit that restricted him to supervised visitation for four hours every other Saturday even though the father had been the primary caregiver for four years, the trial court stated that it relied on the testimony of the guardian ad litem, but that was not sworn testimony, only a recommendation, which the court was not allowed to rely on and which was not based on substantial and competent evidence in the record, and the drastic reduction in visitation was not supported by evidence that it was in the best interest of the child, so the matter is reversed and remanded.

Judgment is reversed and remanded.

M.M. v. C.S. (MLW No. 79909/Case No. ED110317 – 8 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, Jefferson County, Cardona, J. (Robert D. Huelskamp for appellant) (Matthew J. Brown for respondent).