Lewis v. Lewis
Appeal to the Missouri Court of Appeals – Northern District from Circuit Court of Clark County
NO ED110596
Filed: May 16, 2023
Outcome: Remanded for further findings
The parties B. Lewis (hereinafter “Husband”) and S. Lewis (hereinafter “Wife”) are the parents of two children and divorced in 2010. The parties were awarded joint legal and joint physical custody. In 2020, Father filed a Motion to Modify the original judgment. Mother filed an Answer and a Counter-petition to Modify.
Following trial, and upon consideration of the factors set out in Section 452.375.2 (factors used to determine the best interests of the child), the trial court held that modification of the prior decree was necessary due to the total breakdown of communication between the parents coupled with the Children’s deteriorating relationship with Mother. The trial court entered an Amended Parenting Plan granting Father sole legal and sole physical custody of the minor children. Some of the Court’s findings were based on the Father’s proposed parenting plan. Mother did not submit a proposed parenting plan. However, the Amended Parenting Plan failed to specify custody Martin Luther King Jr. and President’s Day holidays.
Mother moved to amend the Parenting Plan. The trial court denied Mother’s request and Mother the filed an appeal. The point on appeal which was taken upon the Appellate Court was that the trial court violated Sections 452.375.9 and 452.310.8(1)(a)–(b) by not addressing custody of the Children on Martin Luther King Day or Presidents’ Day.
The Appellate Court found that, “because the Amended Parenting Plan did not address custody for Martin Luther King Day or Presidents’ Day as statutorily required, we must find the trial court plainly erred. Further, such error impacts Mother’s substantial rights as it pertains to the award of custody and visitation.” See Taylor, 620 S.W.3d at 313 (quoting Mayes, 430 S.W.3d at 269).
The trial court reversed the judgment in part and remand for the trial court to modify the Amended Parenting Plan to account for Martin Luther King Day and Presidents’ Day.
