Kansas City, MO asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri

Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order lifted off of me that they have put on me against my grandkids for no reason and without cause. They are not my biological grandchildren that I have been the only grandmother they have known since the age of 6 months as both of their biological sets of grandparents are deceased. They have lived in my home their entire lives other than 6 months and they have always called me Grammy. I have an adoption here to adopt their mother on the 21st of December but the state has done everything they can to keep me out of this case and to separate me from my grandchildren what can I do?

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted.

In preparing for an appeal, it's crucial to focus on any legal errors you believe were made in the initial decision. New evidence typically can't be introduced in an appeal, as appeals are usually based on the record and proceedings from the lower court.

However, if you have new evidence that wasn't previously available, you might consider filing a motion in the original court to reconsider or reevaluate the case in light of this new information. This motion should clearly explain why this new evidence could significantly affect the case's outcome.

Since these legal procedures can be complex and the specifics can vary, seeking legal advice from an attorney experienced in family law and appellate matters is advisable. They can guide you through the appeal process or assist in filing a motion based on new evidence.

Remember, in cases involving family law and child welfare, courts are primarily focused on the best interests of the children involved. It's important to frame your arguments and evidence in a way that highlights how your involvement serves the best interests of your grandchildren.

John Michael Frick
John Michael Frick
  • Appeals & Appellate Lawyer
  • Frisco, TX

A: Based upon the facts that you describe, it seems likely that your petition to intervene was denied because of a lack of standing in that you are not the children's legal grandparent. If so, an appeal will most likely be unsuccessful.

However, if the adoption is granted as expected, that changes your status as you will then become the legal grandparent of the children.

A denial or dismissal of a case (or intervention) due to lack of standing is almost universally "without prejudice." That is a legal term that means you can bring the exact same matter before a court again. Particularly with issues like standing, this occasionally happens because a party may lack standing at one point in time, but then later have standing to bring the matter to the court. This sounds like one of those times.

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