The Missouri Supreme Court issued an opinion this week affirming a decision by a circuit court terminating a father’s parental rights and granting a step-parent adoption.
S.S.S., L.W.V. & M.T.S-V vs. C.V.S., SC96307. The Court found that the father abandoned and neglected his child. The Court’s opinion was not unanimous. The opinion appears to depart from prior law in situations of abandonment and neglect. Abandonment occurs where a parent voluntarily and intentionally fails to parent a child for sixty days when a child is under the age of one year and for six months for a child one year or older. Section 453.040(7) RSMo. Neglect includes the failure to provide “necessary care and protection.” Section 453.040(7) RSMo. There were a number of different circumstances the circuit court relied upon in finding that father abandoned and neglected the child, including, but not limited to: father was able to see his child only a few times a year (father lived in the State of California); father was late to some of the visits; the child did not have a strong bond with father; paternal grandmother sent money to the child from Father’s trust/inheritance, but the money did not come directly from father. The Court looked at the quality of the father’s contacts with the child and determined that “the circuit court could have reasonably found, despite frequent contacts and visits, Father’s relationship with Child was merely superficial or tenuous.” The Court found father did not have “meaningful contact” with the child.
In a dissenting opinion, several judges disagreed with the majority. The dissent concluded, “The circuit court’s judgment was against the weight of the evidence and results in a significant departure from prior case law establishing for involuntary termination of parental rights….” The dissent reasoned that mother and step-father must prove willful abandonment by the father, not that the father must prove he has not willfully abandoned the child. Second, the dissent concluded, “There is no evidence father demonstrated a long-term lack of interest in the child or had only ‘occasional contact’ with the child.” Third, the dissent concluded that “the circuit court’s determination that father does not have meaningful interaction with the child and is ‘superficial and tenuous’ is not supported by the record and misapplies the law.”
The Missouri Supreme Court’s decision affirming an adoption where a parent has superficial or tenuous contact with a child rather than meaningful contact arguably broadens a court’s ability to terminate a parent’s rights to a child. It’s also clear that each type of adoption case will be decided on the particular facts involved.
Scott Hamblin regularly practices in the area of family law, including adoptions, divorce and child custody, child support, guardianship, and modifications.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
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Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
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Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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