Clayton v. Sarratt

387 S.W.3d 439, 2013 Mo. App. LEXIS 5, 2013 WL 11704
CourtMissouri Court of Appeals
DecidedJanuary 2, 2013
DocketNo. WD 75177
StatusPublished
Cited by21 cases

This text of 387 S.W.3d 439 (Clayton v. Sarratt) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clayton v. Sarratt, 387 S.W.3d 439, 2013 Mo. App. LEXIS 5, 2013 WL 11704 (Mo. Ct. App. 2013).

Opinion

KAREN KING MITCHELL, Judge.

Benjamin Royce Clayton, Jr., appeals the judgment of the Circuit Court of Clay County modifying child custody and child support. He argues that the trial court erred in modifying the parenting time schedule and the child’s residential designation for educational and mailing purposes, and in improperly shifting the burden of proof. Finding no error, we affirm.

Factual and Procedural Background1

Benjamin Royce Clayton, Jr. (Father), and Geri Ann Sarratt (Mother) have one son together, B.C., born on November 8, 2004. They were never married. Paternity, custody, parenting time, and child support were first established in June 2006 by the Circuit Court of Clay County.2 The court awarded Father and Mother joint physical and legal custody of B.C., adopted a parenting plan, and designated Father’s address as B.C.’s residence for educational and mailing purposes.3 On April 5, 2010, Mother filed a motion to modify, requesting that she be awarded “primary care, custody and control [of B.C.] ... subject to the rights of reasonable visitation of [Father].”4 At trial, however, Mother testified that she was not seeking a modification of the joint custody arrangement; rather, she sought to change B.C.’s address for educational and mailing purposes and to modify the parenting time schedule.5 On May 14, 2010, Father filed a [442]*442counter-motion to modify, requesting a modification of Mother’s parenting time.6 He testified that he did not want the court to modify the joint custody arrangement and that he opposed a change in B.C.’s address for educational and mailing purposes. A guardian ad litem (GAL) was appointed.

When the original judgment was entered in 2006, Father lived in Kansas City, Missouri (north of the Missouri River), and Mother lived in Independence, Missouri.7 Before the motions were filed, Mother moved to Oak Grove, Missouri. When the motions were heard, Mother still lived in Oak Grove, but Father had moved to a new residence in Kansas City, near Liberty, Missouri.8 In August 2010, B.C. started kindergarten at Bell Prairie Elementary School, a school near Father’s original residence. As of the hearing dates, B.C. was seven years old, in the first grade, and enrolled in Liberty Oaks Elementary School, a school near Father’s new residence.

Mother is currently employed at a dental clinic in Lexington, Missouri.9 In 2006, when the judgment was entered, Mother was unemployed. Father continues to be employed as a firefighter in Kansas City, but his work schedule has changed. Father now works twenty-four hours on duty followed by forty-eight hours off duty, on a rotating three-week schedule.10 In addition, he now works a second job for American Cycle Escorts, a company that provides funeral escorts. He works once or twice each week for American Cycle Escorts, and schedules his shifts so that he works when B.C. is in school.

Since the parenting plan was first established, Father and Mother have made modifications to accommodate their work schedules and B.C.’s school schedule, and, because B.C. regularly spends time with both parents, there has been a significant amount of driving done under the voluntarily modified plan (current plan). The amount of overnights B.C. spends with each parent has also varied from week to week, depending on their work schedules. Under the current plan, B.C.’s paternal grandfather (Grandfather) and Mother’s eighteen-year-old daughter assist with B.C.’s care and transportation as needed.11

[443]*443Mother testified that Father and Grandfather do not provide her with B.C.’s backpack or homework assignments. However, she received B.C.’s report card, attended a parent-teacher conference, and asked his teacher to write down anything important she should know and to then send that information home with B.C.

Mother’s proposed parenting plan changed B.C.’s address for educational and mailing purposes to Mother’s address. Mother’s residence is one mile from an elementary school and she testified that, should B.C. attend school in Oak Grove, she made arrangements for B.C.’s care before and after school either at daycare or with her daughter. Mother also testified that, if B.C. attended school in Oak Grove, both she and Father would maintain a similar parenting time schedule, but that the new arrangement would not require B.C. to wake up as early to get to school. Father testified that, under Mother’s proposed parenting plan, he would lose over half his time with B.C. because much of their time together is before and after school. Father also testified that B.C. has been active in baseball, that he played on a club team in the past, that he plans to try out for the baseball team again in 2012, and that Father may assist in coaching the team.

The GAL testified that her proposed parenting plan — the same plan Mother proposed — was in B.C.’s best interests, and that it took into account Mother’s and Father’s work schedules, the distance between their residences, and B.C.’s school schedule. She testified further that her proposed plan eliminated the need for third party assistance as much as possible, including the assistance currently provided by Grandfather. She testified that her proposed plan “maximize[d] the parents’ time and put[ ] the responsibility of transporting on [them].” She further noted that the plan assumed that, on the days when Mother is not working (primarily on the weekend), she would transport B.C. to Father’s residence, and, on days when Father is not working, he would transport B.C. to Mother’s residence.

After reviewing the relevant best interest factors and finding that there had been a change in circumstances, the court determined that a modification to both the parenting time schedule and the residential designation was in the best interests of B.C. The court adopted the parenting plan proposed by both Mother and the GAL.12 Under this new plan, B.C.’s address for educational and mailing purposes changed to Mother’s address, and the following modified parenting time schedule was adopted:

[444]*444During week 1, the Mother will have the child on Sunday and take the child to school on Monday morning. Father will pick up the child either after school or at 3:30 p.m. and take him to school the following morning. The Father will then have the child from Thursday after school from 3:30 p.m. until 8:00 p.m. Mother will have the child over the first weekend.
During week 2, Father will pick up the child at 7:00 p.m. Sunday evening and take the child to school Monday morning. The Father will then pick up the child on Wednesday evening at 3:30 p.m. or after school and keep him the evening to return him to school on Thursday morning. The Father will then pick up the child Saturday morning at 7:20 a.m. and keep him until 7:00 p.m. on the Sunday beginning [w]eek 3.
During week 3, Father will have the child on Sunday until 7:00 p.m. Father then will pick up the child at 3:30 p.m. or after school on Tuesday of that week and take him to school the following morning. The Father will then pick up the child the Friday of that week at 3:30 p.m. or after school and keep him until 7:00 p.m. on the following Saturday. During week 4, Father will pick up the child at 3:30 p.m.

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Cite This Page — Counsel Stack

Bluebook (online)
387 S.W.3d 439, 2013 Mo. App. LEXIS 5, 2013 WL 11704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-sarratt-moctapp-2013.