Section 12.19 Sufficiency of Allegations

• Library: Family Law Deskbook and 2014 Supp

3. (§12.19) Sufficiency of Allegations

A careful consideration of the definitions of abuse and neglect is necessary when drafting pleadings and motions and deciding whether to challenge the trial court’s failure to appoint a GAL. The allegations made may not rise to the level of abuse or neglect to satisfy the statutory provisions requiring the appointment of a GAL.

Developments in caselaw indicate that, when counsel wants to trigger the mandatory appointment of a GAL with allegations of abuse and neglect, it is important to demonstrate an actual detrimental impact on the child. In Dent v. Dent, 965 S.W.2d 230 (Mo. App. W.D. 1998), the father argued that the mother’s conduct with respect to the minor children constituted abuse and neglect of the children. The father’s testimony included these acts by the mother:

· Removing the children from pre-school

· Failing to take one of the children to a dental appointment

· Abandoning the children when she moved from the home and left the children with the...