Hall v. Hall
2011 Mo. App. LEXIS 307
| Mo. Ct. App. | 2011Background
- Married May 1997; two children (born 2003 and 2007).
- Five-day trial on custody/maintenance issues in 2009; Guardian ad Litem submitted plan.
- Trial court awarded joint legal and physical custody to both parents and designated Mother's address as the children's residence.
- Court awarded Mother $3,000 monthly modifiable spousal maintenance.
- Father appeals challenging custody findings, rejected parenting plans, and maintenance award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court failed to make adequate custody findings | Hall argues §452.375.2/6 and 452.375.6 require explicit findings. | Hall contends court properly weighed factors but failed to articulate statutory findings. | Custody findings insufficient; remand for explicit statutory findings. |
| Whether the court erred by rejecting proposed parenting plans without proper reasoning | Father asserts court rejected plans without detailing factors. | Court adopted its own plan despite proposals. | Remand to provide specific factors leading to rejection of proposals. |
| Whether domestic violence findings were required and the record mandates them | Record shows alleged violence; statute requires explicit findings. | Court acknowledged disputes; domestic violence not conclusively found. | Remand for explicit findings on domestic violence under §452.375.2(6) and §452.375.13. |
| Whether Mother's mental health was properly addressed in custody findings | Mother's mental health contested; required explicit findings. | Court considered evidence but did not make explicit mental-health finding. | Remand for explicit mental-health findings under §452.375.2(6). |
Key Cases Cited
- Buchanan v. Buchanan, 167 S.W.3d 698 (Mo. banc 2005) (requires written findings detailing factors when custody is contested)
- Schlotman v. Costa, 193 S.W.3d 430 (Mo.App. W.D.2006) (checklist approach insufficient for 452.375.2; need detailed analysis)
- Davis v. Schmidt, 210 S.W.3d 494 (Mo.App. W.D.2007) (remand when findings are merely a checklist without detail)
- Mund v. Mund, 7 S.W.3d 401 (Mo. banc 1999) (domestic violence record requires explicit findings)
- Dickerson v. Dickerson, 55 S.W.3d 867 (Mo.App. W.D.2001) (domestic violence findings required where evidence exists)
- Potts v. Potts, 303 S.W.3d 177 (Mo.App. W.D.2010) (income imputation and maintenance considerations; supports income methodology)