Legal Opinion · Dissent

In the Interest of M.B.A

Missouri Court of Appeals

Decided April 29, 1986No. 14012Published

1DissentPrewitt, Chief Judge

I respectfully dissent. I believe the evidence falls well short of showing abandonment of the children for the six months preceding September 18, 1981.

Section 211.447.2(2)(a)b, RSMo Supp.1984 (since amended, see RSMo Supp.1985), under which the principal opinion finds abandonment, states in part that abandonment occurs if the “parent has, without good cause, left the child without any provision for support and without any communication or visitation from the parent.” Abandonment under this section requires both a finding of failure of support and a failure to communicate with or visit the…

2Cases cited6 opinions

  1. In Interest of WFJMissouri Court of Appeals · 1983
  2. Division of Family Services v. L. M.Missouri Court of Appeals · 1980
  3. In the Interest of H. D. v. E. D.Missouri Court of Appeals · 1982
  4. Ayres v. LongMissouri Court of Appeals · 1974
  5. In the Interest of J.H.H. v. J.D.Missouri Court of Appeals · 1983

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