Missouri Supreme Court Case: Dissolution of marriage involving non-biological child should be adjudicated with a separate paternity action; Third party custody appropriate when biological parents are unfit.

Recent Decision from the Missouri Supreme Court: Overview: A mother appeals a circuit court’s judgment awarding third-party custody of a child to her stepfather in the mother and stepfather’s proceeding to dissolve their marriage. In a decision written by Judge George W. Draper and joined by five judges, the Supreme Court of Missouri affirms the judgment. The circuit court did not err in designating the stepfather as a third party solely for the purpose of determining custody, and its award of third-party custody to the stepfather was not against the weight of the evidence. Chief Justice Zel M. Fischer concurs in the result affirming the circuit court’s judgment but would hold the mother’s point relied on regarding the custody award violates a mandatory briefing rule, preserving nothing for review. Facts: During a proceeding to dissolve a marriage, issues arose as to the paternity of a child born before the couple married. Subsequent DNA testing showed…

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