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Andrews v. Andrews

Court of Appeals of Missouri, Western District, First Division

January 13, 2015

CORT WILLIAM ANDREWS, Respondent,
v.
TACILDAYUS ANDREWS, Appellant

Appeal from the Circuit Court of Andrew County, Missouri. The Honorable Michael J. Ordnung, Judge.

For Respondent: Dennis Campbell Owens, Kansas City, MO.

For Appellant: Michael Leslie Taylor, St. Joseph, MO.

Before Division One: Thomas H. Newton, P.J., Lisa White Hardwick, Anthony Rex Gabbert, JJ. All concur.

OPINION

Anthony Rex Gabbert, Judge

Page 151

Tacildayus Andrews (" Mother" ) appeals the circuit court's judgment denying her motion for leave to relocate with the two minor children. Mother raises two points on appeal. First, Mother argues that the trial court erred when it denied her motion to modify without further presentation of evidence because the trial court imposed a one day limitation on the presentation of evidence at trial. Second, Mother argues that the trial court erred when it entered its judgment giving Cort Andrews (" Father" ) sole custody of two minor children because the trial court relied on evidence that was not properly received into evidence at trial. We affirm.

Factual Background

Mother and Father were divorced on May 25, 2010. The parties were awarded joint legal and physical custody of their two children. In June 2012, Mother filed a motion to modify and for leave to relocate. Father filed a cross-motion to modify. Mother also filed a motion for appointment of a guardian ad litem (" GAL" ), which was granted on January 29, 2013. The motions to modify and for leave to relocate were heard on May 30, 2013.

At the time of the hearing, the parties' two children were five and ten years old. Both Mother and Father were officers in the Army and hold the rank of Lieutenant Colonel. Mother and Father were stationed at Fort Leavenworth. Mother applied for a battalion commander position. The Army granted Mother's request for a battalion commander position and assigned her to Fort Hood, Texas. The command is expected to last 18 to 24 months and began in July 2013. After her assignment at Fort Hood, Mother will be reassigned somewhere else. Father planned to retire from the Army in November 2014 and continue to reside in Fort Leavenworth.[1]

The parties and their children have lived in Fort Leavenworth for four years. Prior to that, they had approximately six other military postings. Since the divorce, the children have alternated weeks between parents. The children have grown accustomed to their homes, schools, church, and community. The children also have performed well in school.

At the hearing, only Mother and Father testified. Although other potential witnesses were present at the hearing, they

Page 152

were not called to testify. At the close of the evidence, GAL reminded the court of her report and recommendations. The court asked GAL if she wished to add, amend, or change anything. Neither Mother nor Father objected to her report and ...


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