Kipp v. Kipp , 1978 Mo. App. LEXIS 2279 ( 1978 )


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  • DIXON, Judge.

    A dispute involving change of custody of a minor child. Upon a full hearing, the court changed the custody from the mother to the father. The mother raises as a single issue on her appeal that insufficient evidence was presented to show a change in circumstances that affected the welfare of the child.

    *831Review is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo.banc 1976); In re Marriage of Fouts, 553 S.W.2d 488 (Mo.App.1977); D_ I_ M_ v. P_ D_ M_, 548 S.W.2d 237 (Mo.App.1977).

    In brief array, the.evidence which supports the trial court order shows that the father has remarried, has a proper home, and can provide a stable home life. The mother’s life-style has changed since the marriage. Within the year since the dissolution decree, the child was left in the care of a grandmother in excess of one hundred different nights during the year and, on a variety of occasions, the child was picked up by the mother at very late hours after she returned from the nocturnal excursions which evidenced her change of life-style.

    Finding substantial evidence to support the trial court’s order and deferring under the rule of Murphy v. Carron, supra, to that finding, unless this court has a firm belief that the decision was wrong, the trial court’s order should be affirmed. An extended opinion would have no precedential value. Rule 84.16(b). Judgment affirmed.

    All concur.

Document Info

Docket Number: No. KCD 29625

Citation Numbers: 570 S.W.2d 830, 1978 Mo. App. LEXIS 2279

Judges: Dixon, Somerville, Turnage

Filed Date: 8/28/1978

Precedential Status: Precedential

Modified Date: 11/14/2024