Court of Appeals of Missouri, Southern District, First Division
FROM THE CIRCUIT COURT OF JASPER COUNTY. Honorable David C.
Dally Circuit Judge.
Appellant -- ERICA L. MYNARICH, Springfield, MO.
Respondent -- WATER E. WILLIAMS, Joplin, MO.
E. SCOTT, P.J. -- CONCURS. JEFFREY W. BATES, J. -- CONCURS.
Alaniz Schroeder (" Mother" ) appeals from the
trial court's judgment modifying the child custody order
pertaining to Mother's minor child. Mother raises four
points on appeal. For the reasons that follow, we grant
Mother's first point and decline to address Mother's
and Procedural Background
marriage to Ralph Frederick Schroeder (" Father" )
was dissolved in September 2012. At the time of the
dissolution, Father was self-employed in the Joplin area, and
Mother worked as a news anchor for a Joplin television
station. Mother was awarded maintenance on a decreasing
schedule. The dissolution judgment awarded the parties joint
legal custody and joint physical custody of the parties'
daughter (" Child" ) who was born during the
marriage in 2008. The child custody order awarded the parties
week-on, week-off parenting time in a " repeating two
week parenting cycle[.]" The child custody order further
provided that " [i]f the school will permit it both
parents' addresses shall be provided for mailing and
educational purposes." Initially, Father was ordered to
pay Mother child support in accordance with the presumed
child support amount. The amount of child support was
scheduled to increase as Mother's maintenance payments
contract with the Joplin television station ended in December
2013. In October 2013, Mother filed a motion to modify child
custody. Father filed a counter motion to modify and a motion
and affidavit to prevent relocation, alleging that a change
in residence would not be in Child's best
interest. Father sought to have his home in
Joplin designated as
Child's residence for educational and mailing purposes.
December 2013, Mother signed a contract with a television
station in Tulsa, Oklahoma and began working in Tulsa in
was held on the parties' respective motions to modify in
April 2014. The trial court denied Mother's motion to
modify but granted Father's motion to
modify. The trial court noted Child " has
enjoyed a stable life in the Joplin area during the time
following the dissolution and the [c]ourt finds no reason
that this cannot continue with the cooperation of the
parties." The trial court then found modification of the
child custody order was necessary because of Mother's
move to Tulsa and adopted Father's ...