Section 12.17 Mandatory Appointment When Allegations of Abuse or Neglect
Library | Family Law Deskbook and 2014 Supp |
1. (§12.17) Mandatory Appointment When Allegations of Abuse or Neglect
In a custody proceeding, counsel may want to request
the appointment of a GAL (guardian ad litem). The appointment of a GAL is mandatory, however, in all cases involving allegations of abuse or neglect. See §§ 452.423.2 and 210.160, RSMo Supp. 2011. The mandatory appointment of a GAL in these cases is to protect the best interests of the child and not for the benefit of either party. Bereuter v. Bereuter, 655 S.W.2d 789, 790 (Mo. App. E.D. 1983); Rombach v. Rombach, 867 S.W.2d 500, 502 (Mo. banc 1993). Accordingly, this appointment occurs regardless of whether it is requested by either of the parties. McCormick v. McCormick, 807 S.W.2d 556 (Mo. App. S.D. 1991); Gilman v. Gilman, 851 S.W.2d 15 (Mo. App. W.D. 1993).
Although §§ 452.423.2 and 210.160 clearly require the appointment of a GAL when pleadings allege abuse and neglect, attorneys, and even the courts, may find it difficult to determine if an allegation requires the appointment of a GAL. For example, in Kennedy v. Kennedy, 969 S.W.2d 310 (Mo. App. W.D. 1998), the court concluded that the wife’s request in her petition for dissolution of marriage that the court award the husband supervised or restricted visitation rights did not set forth allegations of abuse and neglect requiring the appointment of a GAL. But in McNeely v. McNeely, 935 S.W.2d 103, 104...
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- Section 12.1 Introduction
- Section 12.2 Definitions of Abuse and Neglect
- Section 12.3 Fitness of Parent
- Section 12.4 Initiation of Investigation
- Section 12.5 Procedures for the Children’s Division
- Section 12.6 Appeals Process
- Section 12.7 Access to Children’s Division Records
- Section 12.8 Protective Custody
- Section 12.9 Nonrecognition of Privileged Communications
- Section 12.10 Role of Attorney During Investigation
- Section 12.11 Denial of Visitation
- Section 12.12 Child Protection Orders Act
- Section 12.13 Motions to Modify
- Section 12.14 Use of Mental Health Professionals
- Section 12.15 Developing the Custody Case
- Section 12.16 Burden of Proof
- Section 12.17 Mandatory Appointment When Allegations of Abuse or Neglect
- Section 12.18 Specificity of Allegations
- Section 12.19 Sufficiency of Allegations
- Section 12.20 Failure to Appoint Guardian ad Litem
- Section 12.21 Duties of the Guardian ad Litem
- Section 12.22 Request for Psychological Examination
- Section 12.23 Domestic Violence and Its Impact on Custody Proceedings
- Section 12.24 Hearsay
- Section 12.25 Predissolution Abuse or Neglect
- Section 12.26 Required Findings When Supervised Visitation Ordered
- Section 12.27 Proof of Treatment and Rehabilitation
- Section 12.28 Posttrial Motions
- Section 12.29 Attorney Fees and Costs
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