Child Visitaiton: Supervised & Unsupervised

Per Missouri statute, a parent not granted custody of a child is entitled to reasonable visitation rights unless the court finds that visitation would endanger the child’s physical health or impair his or her emotional development. The reason for this is that it the policy of Missouri that a child have frequent and meaningful contact with both parents consistent with the child’s best interests.
A parent who opposed a grant of visitation to the other parent has the legal burden of proving that visitation is contrary to the child’s best interests. In making this determination, the Court may consider a host of factors: the child’s best interests, home environment, stability, parenting skills, moral fitness, criminal history, etc.

Related Articles

Maintenance: Pension, IRAs, Retirement Accounts

October 9, 2018

Pensions, individual retirement accounts (IRAs), 401(k)s and other retirement savings plans and tax advantaged plans are often a core part of someone’s net worth. In the context of a divorce, depending on when the assets were accumulated, they are subject to an equitable division between spouses. To avoid tax problems, a Court will typically enter…

Read More

Business Valuation in Divorce

January 21, 2018

In divorce proceedings, assigning a value to a private business interest (whether owned by husband or wife) often leads to large disagreements when dividing property. Publicly traded interests (e.g., publicly traded stocks) are easy because those values are readily available. Private interests, however, are much more difficult because small businesses can be more economically volatie…

Read More

Trust Assets in a Divorce

December 18, 2017

When dividing marital property in a divorce, the court is to consider the factors set forth in Section 452.330, RSMo and then divide the property in such a way that it seems just. Workman v. Workman, 293 S.W.3d 89, 96 (Mo. Ct. App. 2009). A court generally has “great flexibility” in dividing the marital property. Shepard v….

Read More

Maintenance / Alimony Modification

April 4, 2017

Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance.  Under Section 452.370.1,…

Read More
Scroll to Top