Fohey v. Knickerbocker

130 S.W.3d 730, 2004 Mo. App. LEXIS 442, 2004 WL 612758
CourtMissouri Court of Appeals
DecidedMarch 30, 2004
DocketED 82779
StatusPublished
Cited by7 cases

This text of 130 S.W.3d 730 (Fohey v. Knickerbocker) 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
Fohey v. Knickerbocker, 130 S.W.3d 730, 2004 Mo. App. LEXIS 442, 2004 WL 612758 (Mo. Ct. App. 2004).

Opinion

LAWRENCE E. MOONEY, Judge.

In this child relocation case, the father, Kevin Knickerbocker, appeals the trial court’s judgment allowing the mother, Vicki Fohey, to relocate the divorced couple’s minor daughter to Texas. The father alleges the trial court erred in allowing the relocation because the judgment was against the weight of the evidence and because there was no substantial evidence that the relocation was in the best interest of the child. Because we find the trial court’s decision is unsupported by substantial evidence, we reverse.

Factual and Procedural Background

Myranda Lee Knickerbocker, born in 1998, is the only child of mother and father. Following her parents’ divorce in April of 2000, Myranda lived with her mom, as mother had been awarded primary physical custody of Myranda, subject to the father’s extensive visitation rights. Both mother and father continued to live in the Hannibal area after their divorce. In November of 2002, mother notified father that she wanted to relocate with My-randa to Fort Worth, Texas. Mother had been offered a job as a criminal investigator with Federal Protective Services. The father objected, and filed his motion seeking an order to prevent the relocation. A hearing was held on the parties’ respective motions. 1

At the time of the hearing, Myranda was five years old, and, by all accounts, a very happy and well-adjusted little girl. Most of the details regarding Myranda’s life come from evidence presented by the father. As reflected by the evidence and by the court’s findings, Myranda had a very strong bond with both her mother and father. The court found that both father and mother were excellent parents, and there is nothing in the record to indicate otherwise. Myranda also had very close relationships with her extended family. She also had a number of friends in town and at her daycare.

Myranda lived with her mother in a house in a good neighborhood and with a playground up the street. Myranda had lived in this house for most of her life. Although Myranda lived with her mother, she had frequent personal contact with her dad, as well as frequently talking with him on the telephone. Myranda saw her dad an average of nine out of every fourteen days. She spent every other weekend with her dad, from Friday afternoon until Tuesday morning. Myranda also stayed overnight with her dad on the alternate Mondays. Myranda would also see her father at least once a week when he came to her preschool to eat lunch with her. She would also see her father each week while she visited with her paternal grandparents.

The evidence shows that Myranda’s father was actively involved in her life and upbringing. Father testified that when Myranda was with him he tried not to schedule any activities, other than those *732 activities he could do with Myranda. My-randa’s father and step-mother engaged in educational activities with her, such as reading to her, working on her letters, spelling, and reviewing her school work. Myranda’s father and step-mother had also established a positive behavior reinforcement system for Myranda, so that when Myranda did something well, she received a star or smiley face to put on her chart. Once she had earned enough stars or smiley faces, Myranda was rewarded with an activity, such as special day-trips. As the court found, Myranda’s father had also been extremely active in her religious upbringing. During the weekends with her father, Myranda attended church with her dad and step-mother, who both taught Myranda’s Sunday-school class. Myranda also sang with her step-mom as a part of Sunday school. Additionally, Myranda had been involved with her dad in his community activities, such as the Jaycee’s glad-tidings project and bell ringing for the Salvation Army at Christmas. Myran-da had also been involved in creating a float with her dad, and then riding the float during a parade.

By all accounts, Myranda had a good, affectionate relationship with her stepmother. Myranda did numerous activities with her, such as playing, arts and crafts, and educational activities such as working on her letters and the alphabet. Myran-da’s step-mother often read to her. My-randa’s step-mother is an optometrist, and Myranda had accompanied her to work on a number of occasions, and had enjoyed playing her step-mother’s assistant.

Myranda also had an excellent relationship with all of her grandparents, and visited with them each week. Her paternal grandparents picked Myranda up from preschool one day a week, and spent the afternoon with her. During these afternoon visits, Myranda’s father would also come by for several hours to visit and spend time with Myranda.

At the time of the hearing, Myranda was in preschool and daycare at St. John’s Lutheran Church. By all accounts, My-randa was doing very well in school. According to the preschool director, Myranda was a very-liked girl, was well-adjusted, doing well in her school work, and presented no behavioral problems while she was at school. Myranda’s father came to eat lunch with Myranda at preschool once a week, and then would stay for playtime activities. According to the preschool director, Myranda’s father was the most active parent at the school/daycare. Myran-da often attended extracurricular activities at the school, such as Christmas programs, book fairs, and dinners. Myranda’s father would also attend these activities with her, as would her mother. Myranda only attended preschool and daycare four days a week, for a total of about 30 hours. My-randa did not attend daycare on Fridays, as that was her mother’s day off. On Fridays and at other times during the week, Myranda would spend the afternoon with her grandparents rather than staying in daycare. Myranda was scheduled to enter kindergarten in the fall of 2003, and would either continue at St. John’s, or attend the public school just down the street from her house'.

A good portion of the mother’s testimony pertained to her new job. Mother testified that shortly before Myranda’s birth, she gave up her career as a state highway patrol trooper. After separating from father, mother returned to school, graduating in May of 2002 with a bachelor’s degree in administrative justice. At the time of the hearing, mother was employed as a security guard, working ten hours a day, four days per week, and making an annual salary of approximately $28,000 per year. Mother testified she did not want to con *733 tinue on as a security guard, but rather, she preferred a job which was more of a career and had advancement opportunities. She testified that following graduation, she took the State of Missouri merit exam, and according to her, the positions she qualified for paid approximately six thousand dollars less per year than her current wage. Mother testified she could not afford such a pay cut. She also testified that she checked into other types of employment and that nothing had been offered. She did not specify what these other types of employment were. She also testified that because of her age, she was not eligible for any federal law enforcement jobs, except for the job in Texas.

As to the job in Texas, mother testified that she would be working five days a week, for ten hours each day. She would have weekends and holidays off, and be allowed comp-time if she needed to attend to Myranda.

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Bluebook (online)
130 S.W.3d 730, 2004 Mo. App. LEXIS 442, 2004 WL 612758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fohey-v-knickerbocker-moctapp-2004.