Recent Posts in Child Custody Category
Posted on May 18, 2013 By Jerry Wallentine
Best Interest Factors Discussed Statute makes child’s best interest the circuit court’s central objective and rule bars new trial on any error that does not materially affect that outcome. ...
Continue reading "Case law update: Best interest factors discussed" »
Posted on May 7, 2013 By Jerry Wallentine
Missouri law governs the relocation of children after a custody order has been entered. "Relocation" is defined as "a change in the principal residence of a child for a period of ninety ...
Continue reading "Missouri relcoation statute" »
Posted on Oct 11, 2012 By Jerry Wallentine
Trial Court erred in failing to follow two-step procedure for determining child support. Child's SSI from Father's disability does not constitute income to Father or credit for Mother. ...
Continue reading "Child's conduct toward parent irrelevant in child support payments" »
Posted on Sep 24, 2012 By Jerry Wallentine
Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District - WD7455 Father appeals from a judgment entered in the Circuit ...
Continue reading ""Significant" visitation precludes "sole" physical custody" »
Posted on Sep 17, 2012 By Jerry Wallentine
Recent Case: M.R.H., Respondent, vs. J.N.P., Appellant. Missouri Court of Appeals, Eastern District - ED97338 More common in paternity actions than divorce actions, the issue of what surname the child ...
Continue reading "Caselaw update: child's name change within trial court's discretion" »
Posted on Sep 12, 2012 By Jerry Wallentine
Identical twins yield identical paternity tests. State of Missouri, ex rel., Department of Social Services, Division of Child Support Enforcement, and Holly Marie Adams, Petitioners/Respondents v. ...
Continue reading "Genetic tests mught be insufficient standing alone" »
Posted on Aug 4, 2012 By Jerry Wallentine
In order to appeal a case brought under the Revised Kansas Code for Care of Children, K.S.A. 2010 Supp. 38-2201 et seq., one must be a party or an interested party in the case. In addition, only ...
Continue reading "SRS lacks standing to appeal Child in Need of Care cases when it is not a party to the action" »
Posted on Aug 1, 2012 By Jerry Wallentine
In a recent case, the Kansas Court of Appeals held that a district court must hold an evidentiary hearing before reyling on case managers' recommendations for child custody when those ...
Continue reading "Case law update: Court must hold evidentiary hearing for change of custody" »
Posted on Jul 26, 2012 By Jerry Wallentine
CB v. DB Missouri Court of Appeals, Southern District - SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse unless the trial ...
Continue reading "Awarding Tax Exemption to Non-Custodial parent" »
Posted on Jul 25, 2012 By Jerry Wallentine
Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is ...
Continue reading "Strict Compliance with Relocation Notification Statute" »
Posted on Jul 12, 2012 By Jerry Wallentine
Under Missouri law, the parties' intent regarding parenting plans in a divorce or other custody case will be given great weight in most circumstances. As a practical matter, the courts will almost ...
Continue reading "Factors to Weigh in Custody Disputes" »
Posted on Jun 15, 2012 By Jerry Wallentine
Ordinarily, Missouri child support is subject to revision when financial circumstances change such that the child support amount by 20% or more. However, there must be an actual material change in ...
Continue reading "20% Child Support modification rule doesn't apply without change of circumstaces" »
Posted on May 28, 2012 By Jerry Wallentine
Recent Case: TLD v. JRD Missouri Court of Appeals, Western District - WD73385 Mother appeals from the trial court's amended judgment order of modification retroactively modifying Father’s ...
Continue reading "Child Support not subject to collateral attack; Court of Appeals can amend child support based on judicial admission" »
Posted on Apr 17, 2012 By Jerry Wallentine
New Case Law: CB v. DB Missouri Court of Appeals, Southern District - SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse ...
Continue reading "Awarding Tax Dependencey Credit to non-custodial spouse: No income shown" »
Posted on Apr 9, 2012 By Jerry Wallentine
Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is ...
Continue reading "Missouri relocation statute requires strict compliance with notice" »
Posted on Mar 20, 2012 By Jerry Wallentine
The Circuit court ordered re-financing of the house after divorce. At the hearing on a subsequent contempt action, the circuit court found that failure to comply was not contemptuous because party did ...
Continue reading "No contempt found without intentional and contumacious conduct" »
Posted on Mar 6, 2012 By Jerry Wallentine
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. ...
Continue reading "No Child Abandonment without Knowledge of Birth" »
Posted on Feb 23, 2012 By Jerry Wallentine
In a ruling by the Missouri Court of Appeals, in a custody modification proceeding, the trial court’s modified parenting plan delegated the authority to make all medical, educational, and ...
Continue reading "Delegation of Parenting decisions to third parties held unenforceable" »
Posted on Jan 14, 2012 By Jerry Wallentine
Most states, like Kansas, have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). A few, like Missouri, still have the predecessor act, the UCCJA, which operates ...
Continue reading "Court lacked personal jurisdiction to order child support" »