210.830. Parties — guardian ad litem, when appointed. — The child shall be made a party to any action commenced under sections 210.817 to 210.852. If he or she is a minor, he or she may be represented by a next friend appointed for him or her for any such action. The child's mother or father or the family support division or any person having physical or legal custody of the child may represent him or her as his or her next friend. A guardian ad litem shall be appointed for the child only if child abuse or neglect is alleged, or if the child is named as a defendant, or if the court determines that the interests of the child and his or her next friend are in conflict. The natural mother, each man presumed to be the father under section 210.822, and each man alleged to be the natural father, shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and an opportunity to be heard. The court may align the parties.
Notes of Decisions
A.M.C.B. ex rel. Marty v. Cox, 292 S.W.3d 428 (Mo. Ct. App. 2009).
· cites it 13× “Failure to Appoint a Next Friend or GAL for Child as Mandated by Section 210.830 RSMo 2000 and Rule 52.02 is Reversible Error In Mother’s first point, she argues that the trial court erred in failing to appoint a next friend or GAL for Child as required by section 210.”
S.J v. ex rel. Blank v. Voshage, 860 S.W.2d 802 (Mo. Ct. App. 1993).
· cites it 10× “Section 210.830 RSMo Supp.1989 states: The child shall be made a party to any action commenced under sections 210.”
LeSage v. Dirt Cheap Cigarettes & Beer, Inc., 102 S.W.3d 1 (Mo. 2003).
· cites it 10× “The trial court dismissed the wrongful death action, holding that LeSage must first prove paternity under the Uniform Parentage Act, section 210.830, which requires the child to be made a party.”
State ex rel. State of Illinois v. Schaumann, 918 S.W.2d 393 (Mo. Ct. App. 1996).
· cites it 7× “817- 852 (“UPA”) and, specifically, that Mother had failed to join Child as a necessary party to the action as required by § 210.830. The trial judge (“Respondent”) agreed with Nelson.”
In re Marriage of Fry, 108 S.W.3d 132 (Mo. Ct. App. 2003).
· cites it 4× “826, there obviously was no compliance with Section 210.830, which requires that the child whose paternity is at issue, the natural mother, the presumed father and any putative father be made parties to the Section 210.”
Roberts v. Roberts, 920 S.W.2d 144 (Mo. Ct. App. 1996).
· cites it 5× “was being represented by wife as next friend pursuant to § 210.830 RSMo, 1994 of the Uniform Parentage Act (UPA) (all further references shall be to RSMo.”
Courtney ex rel. Courtney v. Roggy, 302 S.W.3d 141 (Mo. Ct. App. 2009).
· cites it 3× “In paternity actions, whether a GAL shall be *153 appointed is governed by section 210.830. That statute states, in relevant part, “[a] guardian ad litem shall be appointed for the child only if child abuse or neglect is alleged, or if the child is named as a defendant, or if…”
J.L. ex rel. G.L. v. C.D., 9 S.W.3d 733 (Mo. Ct. App. 2000).
· cites it 8× “Section 210.830, a component of the UPA, was in force when Father filed his petition.”
Lechner v. Whitesell ex rel. Whitesell, 811 S.W.2d 859 (Mo. Ct. App. 1991).
· cites it 3× “Section 210.830, RSMo Supp. 1989, a part of the “Uniform Parentage Act” under which plaintiff purports to proceed, states in part that the: “child shall be made a party to any action commenced under sections 210.”
Brown v. Brown, 423 S.W.3d 784 (Mo. 2014).
“Hendrix argues that sections 210.830, RSMo 2000; 452.423, RSMo Supp.”
R.W.B. v. T.W. ex rel. K.A.W., 947 S.W.2d 815 (Mo. Ct. App. 1997).
· cites it 8× “Section 210.830 reads: “The child shall be made a party to any action commenced under sections 210.”
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