McIntosh v. McIntosh
2013 Mo. App. LEXIS 695
| Mo. Ct. App. | 2013Background
- Prior to 2009, Mother had sole custody after a 2006 paternity order.
- In 2009, the parties agreed to joint legal and physical custody via mediation, with specified parenting time for Grandparents.
- Mother filed a Motion to Modify the 2009 order asserting changed circumstances.
- A hearing resulted in Mother receiving sole custody; Grandparents kept visitation 3:00–7:00 p.m. Mon–Thu and Fri 3:00 p.m. to Sat 4:00 p.m.
- Grandparents appeal arguing improper statutory basis and lack of substantial change in circumstances; court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly modified custody under the correct statute | Steinmeyers contend 452.410 governs modification | Mother contends 452.410 applies via best interests; 452.375.5 not controlling | Use of 452.410 supported; 452.375.5 analysis part of best interests review |
| Whether there was a substantial change in circumstances justifying modification | Grandparents argue no substantial change since 2009 | Mother's improved employment and marriage constitute substantial changes | There was a substantial change in Mother's circumstances justifying modification |
Key Cases Cited
- Murphy v. Carton, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for custody decisions; deference to trial court)
- Alt v. Alt, 896 S.W.2d 519 (Mo.App. W.D.1995) (presumption of correctness; deference to trial court in custody cases)
- Russell v. Russell, 210 S.W.3d 191 (Mo.banc 2007) (modification requires substantial change since original decree)
- Potts v. Potts, 303 S.W.3d 177 (Mo.App. E.D.2010) (evidence review; credibility left to trial court)
- Clark v. Clark, 805 S.W.2d 290 (Mo.App. E.D.1991) (joint custody as custodian for purposes of 452.410)