Statutes provide that circuit court may consider modification of custody on facts constituting substantial and continuing change of circumstances after previous decree, or unknown at previous ruling, and res judicata is no bar to facts not already litigated. Such circumstances included one parent’s systematic exclusion of other parent from children’s lives and breach of duties to circuit court. Ruling, related to academic year already past, is moot. Designation of one parent for mailing and education had support in record of other parent’s history of placing own interests over child’s. A party’s “improper behavior” and “actions [requiring] unnecessary and additional attorneys’ fees and litigation expenses” support attorney fees award.
James Hermann, Respondent v. Tara Heskett, Appellant.
Courtesy of The Supreme Court of Missouri-Opinions.
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