Jlm v. Rlc

132 S.W.3d 279
CourtMissouri Court of Appeals
DecidedApril 27, 2004
DocketWD 62626
StatusPublished

This text of 132 S.W.3d 279 (Jlm v. Rlc) 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
Jlm v. Rlc, 132 S.W.3d 279 (Mo. Ct. App. 2004).

Opinion

132 S.W.3d 279 (2004)

J.L.M. and C.N.M., Plaintiffs,
by their next friend, J.R.P.M. and G.C.M., Respondents,
Gary Bailey, Director, Division of Child Support Enforcement, Respondent; and
C.L.M.K., Respondent Pro Se,
v.
R.L.C., Jr., Appellant.

No. WD 62626.

Missouri Court of Appeals, Western District.

April 27, 2004.

*282 Joseph Nelson, St. Joseph, for appellant.

Randall Crawford, for respondents J & G M.

Carla Kyle, respondent, acting pro se.

Mark Goucher, for respondent, Division of Child Support Enforcement.

Matthew Liles, for J.L.M. and C.N.M., plaintiffs.

RONALD R. HOLLIGER, Presiding Judge.

The present matter arises out of a guardianship of two children, J.L.M. and C.N.M, both born in August 1988. Their father, R.L.C. ("Father"), appeals the denial of his motion seeking visitation with his two children and a recalculation of his administratively-ordered child support obligation. We find no error, and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The children have been in the custody of their maternal grandparents ("Grandparents") for nearly all of their lives. In 1989, both Father and C.L.M.K., the children's mother, filed written consents to the appointment of Grandparents as the children's guardians. In February 1990, a judgment was entered appointing Grandparents as the children's guardians.

Since that time, the children have had very little, if any, contact with Father. In 1993, the marriage between Father and Mother was dissolved in a Kansas dissolution action. The Kansas court's judgment stated that the parents would have joint custody of the children, subject to the 1990 guardianship judgment. The trial court entered no award of child support at that time. In a subsequent proceeding, the Kansas court, with the parents' consent, changed the children's last names to mirror Grandparents' surname.

The present proceedings apparently are an outgrowth of a 2001 administrative action by the State of Missouri to establish a child support order. It is not clear from the record before this court how this administrative action was initiated. (Father contends that it was initiated at Grandparents' request, but Grandparents deny that claim.) As a result of that administrative proceeding, both Father and the children's mother were ordered to begin making child support payments. Father's monthly child support obligation was set at $417 per month. Prior to that time, Grandparents had been providing all of the financial support for the children since at least their appointment as guardians.

In December 2001, Father filed a motion with the trial court, asking that the guardianship be modified. Specifically, Father asked that he be permitted visitation with the children and that the child support amount be recalculated. He subsequently filed a modified pleading requesting that the trial court also grant the following additional relief: (1) requiring the children to be enrolled in public school for the 2002-2003 school year; (2) directing Grandparents to cease making attempts to alienate the minor children's affections towards Father; (3) granting Father weekly visitation with the children; and (4) ordering that health insurance be provided by *283 the party best able to provide such insurance at a reasonable cost.

The matter proceeded to trial on January 10, 2003. Mother testified that she opposed visitation between the children and Father because of the disruptive effect it could have on them. Grandparents took the position that the children were old enough to decide whether they should have contact with Father. Both the children's Guardian ad Litem and their counselor reported that the children, now aware of the true identity of their parents,[1] had expressed their unwillingness to have contact with Father at this time There was also testimony that the children were beginning to become defiant with regard to the proceedings and the issue of having contact with Father. Their counselor reported her opinion that if the court ordered visitation, the children would have to be physically forced to attend visitation and that such actions would not be in the children's best interests. She also opined that forcing visitation on the children could delay the time at which the children would choose to seek out visitation voluntarily.

The trial court entered its judgment on February 12, 2003. While not condoning all of the Grandparent's actions with regard to the children, it found that the Grandparents had acted responsibly in the best interests in the children, overall, and that there was no evidence presented warranting court interference with the Grandparents' exercise of their authority as Guardians.

Regarding the visitation issue, the trial court found that Father had failed to make any attempt to have contact with the children for at least ten years, despite having financial means to seek visitation through the court. It also found that forcing visitation upon the children was not in the children's best interests. It therefore denied Father's request for visitation.

On the question of child support, the trial court found that the Form 14 child support amount calculations yielded a presumed child support amount of $454 per month for Father and $575 per month for Mother. Those amounts were not rebutted as unjust and inappropriate. It also ordered Father to provide health insurance for the children, with any uninsured medical expenses to be paid by the parents equally.

The present appeal follows.

DISCUSSION

Father presents three points on appeal, most containing multiple subpoints.[2] Generally, our review is guided by the standard of Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We will affirm unless the judgment is not supported by substantial evidence, is against the weight of the evidence, or misinterprets or misapplies the law. Id. With regard to challenges that the judgment was against the weight of the evidence, we view the evidence in *284 the light most favorable to the judgment below. Lavalle v. Lavalle, 11 S.W.3d 640, 646 (Mo.App.1999).

With those standards in mind, we take up each of Father's three points on appeal, in turn, but find no reversible error in the proceedings below.

I. The 1990 Guardianship Judgment Was Not Void

In the first of his three points on appeal, Father raises three arguments contending that the trial court erroneously declared the law regarding the basis for its jurisdiction to enter the present judgment. First, he contends that the original 1990 guardianship judgment was void because it failed to make a finding of parental unfitness that he claims was mandatory. Second, he argues that the Kansas dissolution judgment awarded joint custody of the children to the children's mother and himself. Third, he takes the position that the 2001 administrative child support modification was based upon the Kansas dissolution. Taken as a whole, the thrust of Father's three arguments in this point on appeal is, essentially, that the trial court's judgment was not a modification of the 1990 guardianship proceeding but was, instead, a modification of the 1993 Kansas dissolution decree.[3]

Essentially, Father's argument on appeal is a collateral attack on the validity of the 1990 guardianship. Collateral attacks on final judgments are generally impermissible. See Taylor v. Taylor,

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Bluebook (online)
132 S.W.3d 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jlm-v-rlc-moctapp-2004.