Q.A.H. v. M.H.

25 Citing cases

  1. In re A.L.R.

    685 S.W.3d 613 (Mo. Ct. App. 2024)

    As the finder of fact, the juvenile court is free to believe all, some, or none of a witness’s testimony. In re Q.A.H., 426 S.W.3d 7, 13 (Mo. banc 2014). We must defer to the factual findings and credibility determinations made by the juvenile court.

  2. Juvenile Officer v. R.B. (In re D.T.H.)

    No. WD84988 (Mo. Ct. App. Sep. 13, 2022)

    On appeal from a judgment terminating parental rights, the trial court's judgment will be affirmed unless there is not substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976); In re J.A.R., 426 S.W.3d 624, 626 (Mo. banc 2014); In re Q.A.H., 426 S.W.3d 7, 12 (Mo. banc 2014). In assessing the sufficiency of the evidence to support the judgment, an appellate court views the evidence and inferences to be draw therefrom in the light most favorable to the judgment and defers to the trial court's credibility determinations and resolutions of conflicting evidence.

  3. Juvenile Officer v. R.B. (In re Interest of D.T.H.)

    652 S.W.3d 738 (Mo. Ct. App. 2022)   Cited 4 times

    On appeal from a judgment terminating parental rights, the trial court's judgment will be affirmed unless there is not substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron , 536 S.W.2d 30, 32 (Mo. banc 1976) ; In reJ.A.R. , 426 S.W.3d 624, 626 (Mo. banc 2014) ; In re Q.A.H. , 426 S.W.3d 7, 12 (Mo. banc 2014).

  4. A.R.F. v. V.H.F. (In re Interest of A.R.F.)

    593 S.W.3d 686 (Mo. Ct. App. 2020)   Cited 1 times
    Referring to In re K.A.W. , 133 S.W.3d 1 (Mo. banc 2004)

    "A reviewing court will affirm the trial court’s judgment unless there is no substantial evidence to support it, it is against the weight of the evidence or erroneously declares or applies the law." In re Q.A.H. , 426 S.W.3d 7, 12 (Mo. banc 2014) (emphasis added). In her argument, Mother asserts that her "allegation of error concerns the trial court’s findings regarding an essential element of the relief sought by the Petitioner and thus was clearly presented to the trial court for disposition."

  5. M.T.E.H. v. Greene Cnty. Juvenile Office

    468 S.W.3d 383 (Mo. Ct. App. 2015)   Cited 3 times
    Finding of abandonment supported by parent's failures to provide even minimal support, visit with child when able, or complete services necessary to get visitation reinstated after it was suspended

    Id.In re Q.A.H., 426 S.W.3d 7, 12 (Mo. banc 2014). If the trial court finds that at least one statutory ground supports termination, it must then consider whether termination “is in the best interests of the child.

  6. J.A.R. v. D.G.R.

    426 S.W.3d 624 (Mo. 2014)   Cited 145 times
    Affirming termination of parental rights based on neglect under section 211.447.5 when a parent failed to provide children with letters, maintained contact with children only through irregular telephone calls, and failed to provide financial support despite being able to do so

    Id. at 815–16. (internal citations and quotation marks omitted); see also In re Q.A.H., 426 S.W.3d 7, 12, 2014 WL 1226342, at *3–4 (Mo. banc 2014) (No. SC93677, decided March 25, 2014). C.M.B.R. laid to rest any argument that the “clear, cogent, and convincing” burden of proof requires this Court to consider any contrary evidence when reviewing whether the judgment is supported by substantial evidence.

  7. Greene Cnty. Juvenile Office v. J.A.F. (In re E.M.F.)

    671 S.W.3d 866 (Mo. Ct. App. 2023)

    "A reviewing court will affirm the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence or erroneously declares or applies the law." In re Q.A.H. , 426 S.W.3d 7, 12 (Mo. banc 2014).

  8. A.C. v. Greene Cnty. Juvenile Office (In re Interest of G.C.)

    443 S.W.3d 738 (Mo. Ct. App. 2014)   Cited 3 times

    A court may rely on a parent's past behavior to find abuse or neglect, but in doing so, it must find that the past behavior is related to likely future conduct. In re Q.A.H., 426 S.W.3d 7, 14 (Mo. banc 2014). “In this manner, the parent's past conduct may be good evidence of future behavior, but it must be convincingly linked to future behavior.” Id.

  9. G.C. v. Greene Cnty. Juvenile Office

    No. SD33029 (Mo. Ct. App. Oct. 7, 2014)

    A court may rely on a parent's past behavior to find abuse or neglect, but in doing so, it must find that the past behavior is related to likely future conduct. In re Q.A.H., 426 S.W.3d 7, 14 (Mo. banc 2014). "In this manner, the parent's past conduct may be good evidence of future behavior, but it must be convincingly linked to future behavior." Id.

  10. In re L.A.B.

    479 S.W.3d 182 (E.D. Mo. 2015)

    See e.g., § 452.375.2 (court shall determine custody in best interests of the child); In re Marriage of Hendrix, 183 S.W.3d 582, 591 (Mo.2006) (court, not parties, determines what custody arrangement is in the best interests of the children.); In re O.A.H., 426 S.W.3d 7, 12 (Mo.2014) (courts must determine whether termination of parental rights is in the best interests of the child).By analogy, in the probate context, a guardian appointed by the probate court has statutory authority to make end-of-life decisions on behalf of the ward.