Zick, Voss & Politte, P.C., lawyers in Washington, MO, Missouri

Out of State Move by Custodial Parent

In most states, courts permit a custodial parent to move out of state with the child if the parent has a legitimate reason for the move. Thus, noncustodial parents who seek to enjoin the custodial parent from moving or who seek to modify custody on the basis of a proposed move are generally unsuccessful. More...

Guardianships for Children

A guardian is an individual who is responsible for the care, decisionmaking, and basic needs of a child. An individual may be appointed a guardian by the court by either the execution of a will or by the normal appointment process. If the parents have a will they may name the individual that they would like to care for their child in the will.More...

Interference with an Agreement to Marry

Depending upon the state, interfering with an agreement to marry may be a civil offense or a tort. However, the majority of states do not recognize a claim for interfering with an agreement to marry. Although most states recognize the claim of tortious interference with a business relation or with a general contract, states are more reluctant to permit a claim for liability with respect to a premarital setting. More...

Delinquency Proceedings

The Prosecuting Attorney may file a Delinquency Petition if a child under 18 years of age commits a delinquent act. A juvenile delinquency proceeding is essentially a closed bench trial. A juvenile has constitutional rights under the due process clause when there is a possibility of detention following the proceeding. These rights include adequate notice, the assistance of counsel, the privilege against self-incrimination, and the privilege of confronting and cross-examining the witnesses. The due process clause also requires proof beyond a reasonable doubt when a juvenile is charged with an act that would constitute a crime if committed by an adult. Juveniles do not have a constitutional right to a jury trial in juvenile court. More...

Overview of Malpractice Actions Against Child Welfare Agencies or Caseworkers

There are major problems with respect to the way in which child welfare agencies and caseworkers operate in the child welfare system. The agency or caseworker may neglect the child, not provide adequate avenues for the child, or may even in extreme cases lose the child in the welfare system. There has been a large increase of malpractice actions filed by children and their parents against both agencies and caseworkers. More...