Custody alternating year to year approved

Recent case:  Uncommon alternating year parenting schedule approved for military family

Mother appeals the judgment of the circuit court granting the motion of Father, which modified the schedule of physical custody (parenting time) and which modified the designation of the residence of the child for educational and mailing purposes. Mother argues that the trial court erred ordering an alternating year schedule of parenting time claiming that the judgment was not supported by substantial evidence and that the judgment was against the weight of the evidence.

Each parent proposed a schedule of custody that favored the parent’s time at the expense of the other parent. The evidence of both parents showed that children of military parents were accustomed and well-adjusted to frequent relocations, which supported the circuit court’s award of physical custody and residential designation alternating per year. The Court did not believe expert testimony was necessary to determine whether the annual rotation arrangement was in the children’s best interests, and did not upset a plan simply because it is unique or unfamiliar.

DECISION AFFIRMED:  The trial court did not err. The finding of the trial court was supported by substantial evidence, and is not found to be against the weight of the evidence.

Missouri Court of Appeals, Western District - WD81520

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More