• Jurisdiction

    Jurisdiction

    By , Oct 27 in Law with 0 comments

    Circuit Court Had Jurisdiction Over Child Born in Kansas Child was born in Kansas, but Uniform Child Custody Jurisdiction and Enforcement Act  (UCCJA) provides that child’s address is the address of her parents.   The Act further accords authority over child to child’s home state, which is where a child less than six months old lives. In more »

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  • In the Missouri Court of Appeals Western District DANIEL BARKHO, Respondent, BETH READY, Respondent, DOUGLAS READY,   WD79827 OPINION FILED: March 28, 2017 Appeal from the Circuit Court of Callaway County, Missouri The Honorable Gary M. Oxenhandler, Judge Before Division One: James Edward Welsh, P.J., Anthony Rex Gabbert, and Edard R. Ardini, Jr., JJ. Douglas more »

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  • HB 1550

    HB 1550

    By , Oct 04 in Law with 0 comments

    PARENTING PLAN GUIDELINES (Section 452.310, RSMo) The Supreme Court must have parenting plan guidelines for parties in a proceeding involving the custody and visitation of a child. The parenting plan guidelines must be available on the Office of State Courts Administrator’s website. CHILD SUPPORT (Section 452.340) There is a rebuttable presumption that the award of more »

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  • Jillian Johnson vs. Nationstar Mortgage, LLC, et al Missouri Court of Appeals, Western District – WD78179 The Note and Deed of Trust provided the original lender by using lender’s trade name, and slight variations did not create an ambiguity.  There needs to be evidence of a chain of transfer

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  • Rules provide that an authorized after-trial motion extends circuit court’s authority for 90 days but no more. Court entered a ruling on the 91st day.  At the end of the ninetieth day, the circuit court’s authority expires. The Circuit Court was in error by denying the request for Wife’s maiden name to be restored. Court more »

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  • In Irina Boone vs. Dennis Boone, Western District Court of Appeals, August 12, 2014, the Circuit Court did not dispose of all claims of the parties by Judgment.  The Judgment failed to address the pension.  Dismissal of Appeal

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  • Order of Protection denied because the statutes provide that elements of stalking include repeated and purposeful conduct that alarms Petitioner for order. The record showed two incidents, a random meeting and a teacher-parent conference, neither of these incidents  created alarm in Petitioner. Therefore, no issuance of a full order of protection. SEE  BETSY DEANN WASHBURN, Petitioner-Respondent, more »

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  • Addition of new collateral to Note did not release guaranty  “To recover on a contract of guaranty, a creditor must show “’(1) that the defendant executed the guaranty, (2) that the defendant unconditionally delivered the guaranty to the creditor, (3) that the creditor, in reliance on the guaranty, thereafter extended credit to the debtor, and more »

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  • Grandparent’s right to intervene in action, restrictions, termination. 211.177. 1. A grandparent shall have a right to intervene in any proceeding initiated pursuant to the provisions of this chapter, in which the custody of a grandchild is in issue, unless the juvenile judge decides after considering a motion to intervene by the grandparent that such more »

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  • Adoption

    Adoption

    By , Jun 25 in Law with 0 comments

    Guardian’s Consent  In action for adoption of mentally incapacitated person, statutes do not require consent of the adoptee or guardian.  Guardian’s opinion on ward’s best interest is relevant, but not determinative. Matter was reversed and remanded.  Case was in Jefferson City, Missouri. In the matter of Carl Lee Debrodie, an incapacitated and disabled adult; Karen more »

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  •   In an appeal from Judge Oxenhandler’s ruling, the City of Columbia in the Court of Appeals, Western District, appealed a decision regarding two alligators allowed to be kept in Columbia.  The trial court granted against the City a Motion to Dismiss reviewing Section 5-29 of the Columbia Code of Ordinances.  The Court of Appeals more »

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  • Nonpaternity

    Nonpaternity

    By , Jan 02 in Law with 0 comments

    “Statute provides that, if genetic testing proves that person named as father on birth certificate is not father, circuit court shall order name removed, set aside judgment of paternity, and extinguish child support arrearage, unless circuit court makes findings of fact that such relief is contrary to child’s best interest.”   See R.B., Appellant, vs. S.W. more »

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