Modification Affirmed
Statutes provide that circuit court may consider modification of custody
on facts constituting substantial and continuing change of circumstances
after previous decree, or unknown at previous ruling, and res judicata
is no bar to facts not already litigated. Such circumstances included
one parent’s systematic exclusion of other parent from children’s
lives and breach of duties to circuit court. Ruling, related to academic
year already past, is moot.
Designation of one parent for mailing and education had support in record
of other parent’s history of placing own interests over child’s.
A party’s “improper behavior” and “actions [requiring]
unnecessary and additional attorneys’ fees and litigation expenses”
support attorney fees award.
James Hermann, Respondent, v. Tara Heskett, Appellant.
(Overview Summary)
Missouri Court of Appeals, Eastern District - ED98876
Source: The Missouri Bar