Dupree v. Dupree, 30957
| Decision Date | 15 May 1962 |
| Docket Number | No. 30957,30957 |
| Citation | 357 S.W.2d 241 |
| Parties | Irene Agnes DUPREE, (Plaintiff) Appellant, v. A. J. DUPREE, (Defendant) Respondent. |
| Court | Missouri Court of Appeals |
Frank Mashak, St. Louis, for appellant.
William L. Weiss, William L. Mason, Jr., St. Louis, for respondent.
This is an appeal from an order denying appellant's motion to modify a custody decree entered in a divorce action wherein movant requested permission of the court to remove her minor daughter from Missouri to California.
The second marriage of the parties ended March 2, 1954, when appellant received a divorce and the custody of Brenda Ann, their five-year-old daughter. Respondent was given temporary custody of Brenda on alternate weekends and one month during the summer. On March 1, 1960, appellant moved to modify the decree by increasing the child support allowance from $12.00 to $17.00 per week, which the court granted, and for permission to remove the child to California, which the court denied.
Appellant is regularly employed, earning $62.00 per week, and she and Brenda live comfortably in a duplex with appellant's mother, who is also regularly employed and contributes one-third of the expenses. Brenda, now 12 years old, attends school and stays with the lady downstairs when her mother and grandmother are not at home. Appellant testified that she wanted to move to California for employment but could not name any company which might employ her, and she had no definite offers of employment or any family connections in California. Her mother was not going to California but was remaining in St. Louis.
Respondent has remarried and regularly has Brenda every other week as provided in the decree, except when Brenda is ill or has some conflict with her school affairs. There was no evidence that Brenda was not getting along well in school or at home, and no reason for appellant's request to take her to California other than appellant's desire to find employment there.
Under the law, minor children of divorced parents become wards of the court, which has the duty of ascertaining the best interests of the child, and of necessity the court is vested with a broad discretion in all matters pertaining to the child's welfare. Schumm v. Schumm, Mo.App., 223 S.W.2d 122; Baer v. Baer, Mo.App., 51 S.W.2d 873.
It is equally well settled that one who seeks to change custodial provisions has the burden to prove that such change is necessary for the child's best interests. Noble v. Noble, Mo.App., 341 S.W.2d 307; Schumm v. Schumm, supra.
The courts encourage the continued interest, love and affection of the divorced parents for the child, and strive to afford the child ample opportunity to have close contact with both parents as...
To continue reading
Request your trial
-
M--- L--- v. M--- R---
...both parents (Kimble v. Kimble, Mo.App., 399 S.W.2d 630, 635; Patterson v. Patteson, Mo.App., 375 S.W.2d 614, 621(5); Dupree v. Dupree, Mo.App., 357 S.W.2d 241, 243(3); Lewis v. Lewis, supra, 301 S.W.2d at 863(5); Fago v. Fago, Mo.App., 250 S.W.2d 837, 842; Lambert v. Lambert, Mo.App., 222 ......
-
Chilcutt v. Baker
...the child, and of necessity the court is vested with a broad discretion in all matters pertaining to the child's welfare. Dupree v. Dupree, Mo.App., 357 S.W.2d 241; Schumm v. Schumm, Mo.App., 223 S.W.2d 122. We have no doubt that for the purpose of determining the best interests of a child ......
-
Good v. Good, 31821
...interests to do so. Conversely, they have denied permission when such interests would not be served. Baer v. Baer, supra; Dupree v. Dupree, Mo.App., 357 S.W.2d 241; Klott v. Klott, Mo.App., 364 S.W.2d It is also insisted by plaintiff that no facts constituting extraordinary circumstances or......
-
Rodgers v. Rodgers
...or children, and, of necessity, is vested with broad discretion in all matters pertaining to the child's welfare. Dupree v. Dupree, 357 S.W.2d 241, 242(1) (Mo.App.1962). The court in a divorce case has the statutory duty to award the custody of the minor children of the parties and is enjoi......