Virtual Coffee Break
Your place on the web to read and learn more about a variety of legal topics from the comfort of your own office chair. And we’ve kept each topic concise enough that it can be covered in the time it takes to break for coffee!
Things you can and can’t expect from the GAL
It is not uncommon in St. Louis County for the Judge to appoint a Guardian ad Litem (“GAL”) in a family law case. While the GAL is commonly referred to as the child’s attorney, the GAL in fact represents the best interests of the child. I have been a GAL and dealt...
SOCIAL SECURITY BENEFITS AND CHILD SUPPORT
In Missouri, child support starts with the calculation of the Presumed Amount of Support using the Form 14. To calculate the Presumed Support, the starting point is the gross income of the parents. The Directions on Use for the Form 14 specifically provide that Social...
WANT TO RELOCATE WITH YOUR CHILD?
IF YOU HAVE SOLE OR JOINT PHYSICAL CUSTODY OF YOUIR CHILD AND WANT TO CHANGE THEIR RESIDENCE, YOU MUST DO THESE THINGS In Missouri, there is a very specific law that sets forth what needs to happen for the sole or joint custodian of a child to lawfully change the...
THE COURT OF APPEALS HAS MADE AN IMPORTANT DECISION RELATING TO THE CUSTODY RIGHTS OF THE NON-BIOLOGICAL MOTHER IN A SAME SEX MARRIAGE
In November of 2021, the Missouri Court of Appeals handed down an important decision. It found that in the divorce of two women, the non-biological mother had the right to both legal and physical custody of a child born during the marriage even though no adoption had...
WHO GETS THE RING?
I have many clients who ask me during our initial consultation about either the engagement ring or the wedding band or both. Sometimes the ring in question is a family heirloom, sometimes it is an expensive piece of jewelry and one time it was a piece of art actually...
ORDERS OF PROTECTION IN MISSOURI MAY NOW LAST FOR SIX MONTHS TO TEN YEARS AND THE DEFINITION OF STALKING AS A BASIS FOR AN ORDER OF PROTECTION HAS BEEN EXPANDED
In addition to the expansion of Orders of Protection in Missouri to address pet abuse, the new law also contains two other important expansions: the definition of stalking has been expanded and the length of the initial Order of Protection may now be up to ten years...
MISSOURI HAS ADOPTED A STRONG NEW TOOL TO PROTECT PETS
Effective August 28, 2021, Missouri has enacted strong protection for pets and their owners from domestic violence. A “pet” is defined as “a living creature maintained by a household member for companionship and not for commercial purposes.” Abuse of a pet can now...
ST. LOUIS COUNTY ADOPTS MANDATORY MEDIATION IN CASES WHERE CUSTODY OR VISITATION OF CHILDREN IS CONTESTED
Effective September 1, 2021, the Court may require the parties in any case where child custody or visitation is contested to participate, in good faith, in two (2) hours of mediation before a case will be set for trial. The mediation may be performed by a mediator...
Parenting Plan for Parents Who Cannot Co-Parent
I got this form Parenting Plan from a colleague many years ago for use in extreme cases where the parents are completely unable to co-parent and instead have the act in parallel. It provides the excruciating level of detail required in these extreme cases. It is not...
CALL TO ACTION: MISSOURI MUST ADOPT THE 2017 AMENDMENTS TO THE UNIFORM PARENTAGE ACT (“UPA”)
A lot has changed in Missouri since 1987. For me personally, I had been graduated from law school the year before and was enjoying my first job as a real lawyer, as a clerk for the Missouri Court of Appeals. I now have been in private practice for more than 30 years....