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A state justice says paternal rights will not be terminated

On behalf of Stange Law Firm, PC posted in Fathers’ Rights on Monday, February 22, 2016.

Some families in Missouri may be among others who sometimes face legal issues that require intervention in order to be resolved. Extenuating circumstances often complicate matters and some cases wind up being presented to a state supreme court for a decision. In a recent situation outside Missouri, a father has been fighting to have his paternal rights reinstated after a trial court determined they should be terminated.

The man reportedly refused to live separately from his wife. She apparently suffers from a mental disorder and had requested help. The couple’s child was placed in foster care while the situation was being resolved. The trial court stated that since the mother’s condition posed a grave risk to the child and the father would not live apart from the mother, then the court was terminating his parental rights because, it ruled, the current conditions were not conducive toward an adequate remedy.

However, a state supreme court justice has now stated that the man’s parental rights will be reinstated. The high court spoke, saying that a parent’s rights can not be taken away merely because a child’s living situation is not ideal. Though the mother in this case does reportedly suffer from mental illness, the justice said that should have no bearing on the father’s rights to his child.

Matters involving paternal rights, child custody or other family law issues often evoke strong emotions from those involved. In order to make informed decisions and act with clarity, it is advisable to seek legal guidance before proceeding to court when seeking resolutions to such problems. In Missouri, a concerned parent can contact a family law attorney to request a consultation so that an experienced professional assessment can be made and appropriate guidance offered.

Source: theindianalawyer.com, “Court reinstates father’s rights“, Scott Roberts, Feb. 19, 2016

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