Hendry v. OSIA
337 S.W.3d 759
| Mo. Ct. App. | 2011Background
- July 2006 dissolution of marriage; joint custody with Mother as primary residential custodian and Father with visitation.
- 2007 relocation attempt: trial court found relocation not in children's best interests; Missouri Court of Appeals affirmed in 2008.
- Mother again sought relocation; Father opposed; Mother filed motion to modify custody.
- Trial court denied relocation and designated Father as primary residential custodian with visitation for Mother.
- Court of Appeals affirms denial of relocation in part and reverses modification of custody; overall judgment upholds in part and reverses in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was relocation denial supported by substantial evidence? | Hendry argues relocation would be in children's best interests. | Osia argues staying prevents disruption and preserves children's relationships. | Yes; relocation denial supported by substantial evidence. |
| Was there a substantial change of circumstances warranting custody modification? | Hendry contends no substantial change to justify modification. | Osia argues changes in circumstances support modification. | No; modification not supported by substantial evidence; reversed. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court rulings upon motions and judgments)
- Herigon v. Herigon, 121 S.W.3d 562 (Mo.App. W.D. 2003) (substantial evidence/weight-of-evidence review in custody cases)
- In re D.M.S., 96 S.W.3d 167 (Mo.App. S.D. 2003) (modification requires change of circumstances and best interests)