Missouri Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations

State:
Multi-State
Control #:
US-MOT-01429
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.

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FAQ

Grounds for termination of parental rights must be proven to the court by clear, cogent and convincing evidence. This is the highest standard of proof known to the civil law. It is essential, that all of the facts supporting a termination of parental rights are carefully and thoroughly documented.

?Keeping Children Safe From Family Violence Act? is UNSAFE for Children. ?Keeping Children Safe From Family Violence Act? or ?Kayden's Law? is a section of the Violence Against Women Act Reauthorization Act of 2022. It is intended to protect children from domestic violence.

As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent's age, sex, or financial status, nor because of the age or sex of the child.

To prove that a parent is not fit for custody, you need to provide a history of the parent's behavior and how it has impacted the child. This might include: Photos, audio/video recordings, social media posts, phone messages/texts/emails. Medical records, substance abuse rehab records, X-rays, and test results.

The judge will make a decision about custody based on what s/he thinks is in your child's best interest. Under Missouri law, the judge must assume that it is in a child's best interest to have equal parenting time with both parents. However, one or both parents can present evidence to change the judge's mind.

Here are some ways to produce evidence to prove that a parent is unfit: Videos, audio recordings, and photographs that show verbal abuse, or injuries resulting from physical abuse. Medical treatment records relating to the child's injuries. Messages, emails, and/or voicemails from the parent.

Risk to safety: An unsafe or unstable home environment may be one that is dangerous to the child. This may include being exposed to dangerous people such as new partners with serious criminal convictions or living in a very messy and dirty house which could cause illness or neglect.

?All parties shall make reasonable efforts to cooperate for the purpose of minimizing the burden or expense of discovery.? Better known as the ?Golden Rule Letter,? it should be attached to a motion to compel to evidence to the court that a good-faith effort has been made.

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Missouri Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations