Goodsell v. Noland

540 S.W.3d 394
CourtMissouri Court of Appeals
DecidedFebruary 27, 2018
DocketWD 80408
StatusPublished
Cited by4 cases

This text of 540 S.W.3d 394 (Goodsell v. Noland) 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
Goodsell v. Noland, 540 S.W.3d 394 (Mo. Ct. App. 2018).

Opinion

Anthony Rex Gabbert, Judge

Shane Noland (Father) appeals the circuit court's Judgment and Order of Paternity, Custody and Child Support. He asserts four points on appeal. First, he contends that the circuit court misapplied the law in awarding him only supervised parenting time. Second, he contends that the circuit court's Parenting Plan is deficient and provides him inadequate parenting time. Third, he argues that the court abused its discretion in striking his pleadings and allowing him to present no evidence. Fourth, he contends that the court *397erred in its award of child support. We affirm in part and reverse in part.

Procedural and Factual Information

On November 27, 2015, twin boys were born to Meagan Goodsell (Mother). Mother and Father were unmarried. Mother had two children from a previous relationship. Father had one child from a previous relationship, and another child born to that same relationship after the birth of the twins. Mother informed Father of the pregnancy as soon as she learned of it. Father provided no support to Mother during the pendency of her pregnancy, and no support to the children after their birth. The twins were nearly eleven months old at the time of trial. Although Father had been given the opportunity to visit the twins, Father had never met the children at the time of trial.

On February 18, 2016, Mother filed a "Petition for the Declaration of the Existence or Nonexistence of the Father Child Relationship Under the Missouri Uniform Parentage Act and Order of Support." The State of Missouri, Family Support Division, was named a third party respondent. On March 18, 2016, both the Family Support Division and Father filed answers to the petition. Father's answer denied paternity. DNA testing was ordered by the court and completed. Father stipulated to paternity at trial on October 14, 2016. On November 21, 2016, the court entered its Judgment of Paternity. Father filed a motion for new trial on December 20, 2016. The court denied that motion on January 13, 2017. The court also entered a Judgment Nunc Pro Tunc on January 13, 2017.1 On January 23, 2017, Father filed an amended motion for new trial which was denied on March 6, 2017. Father appeals the court's Judgment of Paternity.

Additional procedural and factual information will be discussed below as applicable to Father's points on appeal.

Standard of Review

Our standard of review is set forth in Murphy v. Carron , 536 S.W.2d 30, 32 (Mo. banc 1976). Schollmeyer v. Schollmeyer , 393 S.W.3d 120, 122 (Mo. App. 2013). We will affirm the circuit court's judgment unless it is unsupported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. at 122-123. We view the evidence and all reasonable inferences in the light most favorable to the court's judgment. Id. at 123. We assume that the trial court was motivated by the child's best interests in custody decisions, and we defer to its credibility determinations. O'Connell v. Horton , 313 S.W.3d 702, 705 (Mo. App. 2010). The party challenging the judgment has the burden of proving error. Beckham v. Beckham , 41 S.W.3d 908, 911 (Mo. App. 2001). "We review questions of law de novo. " In Interest of J.L.H. , 488 S.W.3d 689, 693 (Mo. App. 2016).

Point I-Supervised Visitation

In Father's first point on appeal, he contends that the court misapplied Section 452.4002 in ordering supervised visitation *398because there is no evidence that he presents a danger to the children's physical health or emotional development. He contends that the court's reasoning for ordering supervised visitation-that the children are of "tender years" and because Father had never met the children-was insufficient under Missouri law to justify supervised visitation. He argues that the court could not "restrict" his visitation without evidence of past physical or emotional abuse or that his visitation would adversely impact the children. We find no error.

Our Missouri Supreme Court made clear in Turley v. Turley , 5 S.W.3d 162, 165 (Mo. banc 1999), that "[e]very visitation agreement confines and limits the visitation of each parent within certain bounds," and that the requirements of Section 452.400.2 discussing the "restriction" of visitation is limited to instances where the court is modifying an existing order.3 Here, we have an initial award of sole legal and sole physical custody to Mother, with a grant of visitation to Father. Consequently, the trial court's determination regarding Father's visitation was governed by Section 452.400.1(1) which states: "A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical health or impair his or her emotional development." Courtney v. Roggy , 302 S.W.3d 141, 151 (Mo. App. 2009) (abrogated on other grounds). Father was awarded visitation. Had he been awarded no visitation, a finding of danger to the physical health or emotional development of the children would have been required under Section 452.400.1(1). As Father was awarded visitation, the question here is whether the court's visitation award was reasonable. The court ordered the following:

Father's4 Parenting Time : Father shall have supervised parenting time with the minor children every other Sunday from 4:30 PM to 7:30 PM, or other times that may be agreed upon, in writing, by the parties.

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540 S.W.3d 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodsell-v-noland-moctapp-2018.