Clark ex rel. Clark v. Ingram
380 S.W.3d 607
Mo. Ct. App.2012Background
- Joseph M. Ellis, Judge, presides over a paternity, custody, and child support action in Clay County.
- Father challenges the trial court’s May 6, 2011 judgment granting Mother sole physical and legal custody, visitation, and child support.
- The court awarded Father visitation and set child support at $701 per month.
- The second appellate point is meritorious; other points are affirmed by summary order under Rule 84.16(b).
- A parenting plan awarded Father significant parenting time, including midweek time and holidays, with summer time considerations.
- The court recognizes Father as a joint physical custodian, despite labeling the award as sole custody in the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mother should have sole physical custody given Father's parenting time | Father contends joint custody due to significant parenting time | Mother argues sole custody is appropriate under the trial record | Father is a joint physical custodian |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court judgments)
- Alberswerth v. Alberswerth, 184 S.W.3d 81 (Mo.App. W.D.2006) (definition of joint physical custody; significance of time with each parent)
- LaRocca v. LaRocca, 135 S.W.3d 522 (Mo.App. E.D.2004) (test for significant periods of custodial time)
- Wood v. Wood, 193 S.W.3d 307 (Mo.App. E.D.2006) (significant parenting time supports joint custody)
- In re Marriage of House, 292 S.W.3d 478 (Mo.App. S.D.2009) (alternating weekends and holidays can be deemed significant)
- Potts v. Potts, 303 S.W.3d 177 (Mo.App. W.D.2010) (remand not necessary when clear that custody is joint)