Court of Appeals of Missouri, Western District, First Division
Appeal from the Circuit Court of Pettis County, Missouri. The Honorable R. Paul Beard, Judge.
For Respondent: Carmen L. Smith, Sedalia, MO.
For Appellant: Michael P. Cohan, St. Louis, MO.
Before Division One: James Edward Welsh, Presiding Judge, and Thomas H. Newton and Karen King Mitchell, Judges. James Edward Welsh, Presiding Judge, and Thomas H. Newton, Judge, concur.
Karen King Mitchell, Judge.
Jason Reno (" Father" ) appeals from the trial court's modification of the custody and visitation of his children with Julie Miner, formerly Julie Reno (" Mother" ). Finding no error, we affirm.
Father and Mother were married in 2004 and divorced in 2011. In the judgment of dissolution, the trial court awarded sole legal custody of the children to Mother, with the parties sharing joint physical custody as set forth in a parenting plan. Mother subsequently notified Father of her intent to move the parties' two minor children to California, where Mother's new husband would be stationed in the military. Father timely objected, and sought an order preventing the relocation. Mother filed an answer, along with a motion to modify custody, and sought an order holding Father in contempt.
Father filed a motion requesting that the court appoint a guardian ad litem, arguing that Mother had made allegations
that Father had abused or neglected the children. Following a hearing on the motion, the trial court denied Father's motion.
Following a three-day trial, the court granted Mother full legal and physical custody of the children, with Father receiving supervised visitation, and it overruled Father's objection to Mother moving the children to California. Father filed a motion for new trial, arguing that the court should have appointed a guardian ad litem because Father and Mother had both made allegations that the other had abused the children, and because Father had offered evidence of Mother's abuse at trial. The court denied the motion, finding that none of Father's pleadings had alleged abuse on the part of Mother, and that, while Mother had " alleged much ornery behavior by" Father, such allegations did ...