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Schroeder v. Schroeder

Court of Appeals of Missouri, Southern District, First Division

September 25, 2015

RALPH FREDERICK SCHROEDER, Petitioner- Respondent,
v.
TIFFANY ALANIZ SCHROEDER, Respondent-Appellant

          APPEAL FROM THE CIRCUIT COURT OF JASPER COUNTY. Honorable David C. Dally Circuit Judge.

         For Appellant -- ERICA L. MYNARICH, Springfield, MO.

         For Respondent -- WATER E. WILLIAMS, Joplin, MO.

         DANIEL E. SCOTT, P.J. -- CONCURS. JEFFREY W. BATES, J. -- CONCURS.

          OPINION

Page 343

         MARY W. SHEFFIELD, C.J.

         Tiffany 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 remaining points.

         Factual and Procedural Background

         Mother's 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 decreased.

         Mother's 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.[1] Father sought to have his home in Joplin designated as

Page 344

Child's residence for educational and mailing purposes.

         In December 2013, Mother signed a contract with a television station in Tulsa, Oklahoma and began working in Tulsa in January 2014.

         A trial 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.[2] 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 ...


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