MANTONYA v. Mantonya

• Decision Date: 08 June 2010
• Docket Number: No. WD 71368.,WD 71368.
• Citation: Mantonya v. Mantonya, 311 S.W.3d 392 (Mo. App. 2010)
• Parties: Chad MANTONYA, Respondent, v. Jamie D. MANTONYA, Appellant.
• Court: Missouri Court of Appeals

311 S.W.3d 392

Chad MANTONYA, Respondent, v. Jamie D. MANTONYA, Appellant.

No. WD 71368.

Missouri Court of Appeals, Western District.

June 8, 2010.

J. Eric Mitchell, Clinton, MO, for respondent.

William E. Simmons, Clinton, MO, for appellant.

Before Division One: KAREN KING MITCHELL, Presiding Judge, LISA WHITE HARDWICK, Judge and CYNTHIA L. MARTIN, Judge.

CYNTHIA L. MARTIN, Judge.

Jamie Collins, formerly Mantonya, ("Mother") appeals from the trial court's judgment which denied her request to relocate from Clinton, Missouri, to Urich, Missouri. The trial court found that Mother failed to sustain her burden to prove that the proposed relocation was made in good faith and was in the best interests of the children. We affirm.

Facts and Procedural History

The marriage of Chad Mantonya ("Father") and Mother was dissolved on July 31, 2007, in Henry County, Missouri. Mother and Father shared joint legal and physical custody of their two children, Cade, born May 12, 2003, and Gage, born April 14, 2004. After the dissolution, Mother lived in a two bedroom apartment with the children in Clinton, Henry County, Missouri.¹

On March 3, 2009, Mother gave Father proper notice, pursuant to section 452.377.7,² of her intent to relocate the primary residence of the children to Urich, Henry County, Missouri. Urich is approximately fifteen miles from Clinton. Mother informed Father that she wished to move the children to Urich so that she could live with her soon to be new husband, Joseph Collins ("Collins"), and his children.³ Mother's proposed relocation was to a home which was already owned by Collins. Under Mother's relocation plan, the children, who had been attending Clinton schools, would begin attending school in the Sherwood School District.

On March 17, 2009, Father filed a timely motion to prevent the relocation. In Father's motion, he objected to the relocation because he believed it to be in the children's best interests to continue attending school in Clinton.

Before the trial court conducted a hearing on Father's motion, Mother moved with the children to Urich, two days prior to the end of the school year. At the time, Cade was attending Henry Elementary in Clinton, and Gage was in a pre-school associated with the Clinton School District. As a result of Mother's move, Father was required to travel to Urich to pick up the children for his scheduled visitation.

On May 4, 2009, Father sent Mother a letter which informed Mother that he intended to relocate from his parent's home to a home he had purchased in Clinton, which was two and a half blocks from the Henry Elementary school Cade had been attending and that Gage would be attending. Mother did not respond to Father's letter.

On June 15, 2009, the trial court conducted a hearing on Father's motion. Mother summarily testified that the relocation was in the best interests of the children and that her decision to relocate was made in good faith. Mother testified that the move would be in the best interests of the children because they would be moving into a more spacious home only fifteen miles away. Collins's home in Urich had three bedrooms. Mother testified at the hearing that she and Collins planned to add a fourth bedroom. As a result, Mother's daughter from a previous marriage would have her own room, Mother and Collins would share a room, and Cade and Gage would share a room with Collins's two youngest boys.

Father testified that the proposed relocation was not in the best interests of the children. Father believed the schools in Clinton offered the children more opportunities. Father testified that Clinton was building a new high school and that he preferred that the children stay in their current school district. Father testified that he did not object to the children living in Urich but that he did object to the relocation if it required the children to change schools.

On July 20, 2009, the trial court entered a judgment denying the proposed relocation. This appeal follows.

Standard of Review

"Our review of the trial court's judgment denying or granting a motion to relocate a minor child is governed by the standard in Murphy v. Carron, 536 S.W.2d 30 (Mo. Banc 1976)." In re Steggall, 296 S.W.3d 25, 27 (Mo.App. W.D.2009). We "must affirm the judgment of the trial court unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law." Miers v. Miers, 53 S.W.3d 592, 595 (Mo.App. W.D.2001). We view the evidence in the light most favorable to the trial court's judgment, and we disregard all contrary evidence and inferences. In re Steggall, 296 S.W.3d at 27. "We will not reverse the trial court's judgment on the basis that it is against the weight of the evidence unless we have a firm basis for concluding that the judgment is wrong or that it is against the logic of the circumstances." Id. A trial court's determination in a child custody matter is given more deference than in any other type of case. Brandow v. Brandow, 18 S.W.3d 584, 587 (Mo.App. W.D.2000).

Analysis

In Mother's sole point on appeal, she contends that the trial court erred in denying her relocation request. Mother contends that she presented sufficient evidence to sustain her burden to prove that the proposed relocation was made in good faith and that it was in the best interests of the children.

Relocation of a child is governed by section 452.377 and requires the party seeking relocation, in this case Mother, to prove that the proposed relocation is made in good faith and is in the best interests of the children. Section 452.377.9. Best interests are to be measured by the factors set forth in section 452.375.2. Cullison v. Thiessen, 51 S.W.3d 508, 511-12 (Mo.App. W.D.2001). Those factors are:

(1) The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;

(2) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;

(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;

(4) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;

(5) The child's adjustment to the child's home, school, and community;

(6) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;

(7) The intention of either parent to relocate the principal residence of the child; and

(8) The wishes of a child as to the child's custodian.

Section 452.375.2.

In its judgment denying Mother's proposed relocation, the trial court stated:

The Respondent Mother bears the burden of proving that the proposed relocation is made in good faith and is in the best interests of the children. The court finds that the Respondent has failed to sustain that burden in this case, and the proposed relocation is therefore denied.

The trial court's judgment includes no discussion of the section 452.375.2 best interest factors. The judgment provides us with no insight into the reasoning behind the trial court's conclusion that Mother failed to sustain her burden to prove good faith and/or best interests.

Reported decisions in this State have created an atmosphere of uncertainty with respect to whether section 452.375.2 statutory best interest findings are required in all relocation cases. In Steggall, a 2009 decision, we held that a trial court in a relocation matter is "not required to set out the factors it relied upon in determining whether or not the relocation is in the best interests of the child." 296 S.W.3d at 28. Steggall cited Vaughn v. Bowman, 209 S.W.3d 509, 512-13 (Mo.App. E.D. 2006), for this proposition. However, in Schlotman v. Costa, 193 S.W.3d 430, 433 (Mo.App. W.D.2006) (citation omitted), we noted:

If the parties disagree on the residence address of the child or on the parenting plan, these are sub-issues of custody that require the trial court's resolution in the form of written findings. Therefore, it is safe to conclude that if relocation is contested, the trial court should be required to make written findings. In this case, Father contested relocation. The parties did not agree on the custodial arrangement, specifically where the children would reside. Therefore, the trial court should have made written findings on the relevant best interest factors and the public policy of Section 452.375.4.

(Emphasis added.) Schlotman relied on Buchanan v. Buchanan, 167 S.W.3d 698 (Mo. banc 2005) to reach this result. In Buchanan, the parties in a traditional dissolution proceeding agreed on joint custody as a custodial arrangement but could not agree on the child's residence or on a parenting plan. The Supreme Court noted:

Determining custody and custodial arrangements of children in dissolution actions is one of the most important and most sensitive duties of the court. . . . Although the parties had agreed that father and mother should have joint custody, they did not agree on the residence address for the child or on a parenting plan. While these may be sub-issues of custody, they were contested and required the court's resolution. So long as any issue or

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