K.L.A. v. Aldridge

241 S.W.3d 458, 2007 Mo. App. LEXIS 1746, 2007 WL 4481730
CourtMissouri Court of Appeals
DecidedDecember 26, 2007
DocketWD 67909
StatusPublished
Cited by7 cases

This text of 241 S.W.3d 458 (K.L.A. v. Aldridge) 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
K.L.A. v. Aldridge, 241 S.W.3d 458, 2007 Mo. App. LEXIS 1746, 2007 WL 4481730 (Mo. Ct. App. 2007).

Opinion

JAMES EDWARD WELSH, Judge.

Jacob Aldridge appeals the circuit court’s judgment determining paternity, custody, support, and visitation of his daughter, M.L.A. In this appeal, Aldridge alleges the circuit court erred by appointing a guardian ad litem and by awarding sole custody and child support to M.L.A.’s mother, K.L.A., and supervised visitation to Aldridge. Aldridge further alleges the circuit court failed to make certain prerequisite findings of fact, and, where it made findings of fact, the findings either lacked specificity or were against the weight of the evidence. We affirm.

I. Facts

K.L.A. and Aldridge resided together as boyfriend and girlfriend. They never married. They had a child together, M.L.A., who was born September 4, 2003. After the birth of M.L.A., they moved in with K.L.A.’s mother. In January of 2004, Al-dridge was asked to leave the residence and did so. He was asked to leave because of inappropriate touching of K.L.A.’s mother, as well as abusing K.L.A.’s mother *460 and her son. K.L.A. and Aldridge have not resided together since January 2004. K.L.A. testified to a history of verbal, physical, and mental abuse by Aldridge. It included physical abuse while she was pregnant and after M.L.A. was born. After Aldridge left the residence of K.L.A.’s mother, he commenced a pattern of harassment of K.L.A. that included constantly coming to the residence, knocking on windows, yelling, and waiting outside. K.L.A. obtained a full order of protection against Aldridge on March 26, 2004.

Aldridge continued his harassment in the same manner despite the full order of protection. Violations of the full order were reported to the police. K.L.A. testified Aldridge placed her life in danger by almost running her off the road by operating his vehicle too close to hers. M.L.A. was in K.L.A.’s vehicle at the time. A week after the vehicle incident, K.L.A. and the child relocated to Miller County, Missouri, and lived temporarily with an aunt. K.L.A. testified she relocated for the safety of herself and her daughter.

K.L.A. commenced this action pursuant to sections 210.817 to 210.852, RSMo 2000, the Uniform Parentage Act, in the circuit court. Aldridge appeals the judgment entered after the trial, which awarded sole legal and physical custody to K.L.A. and granted Aldridge supervised visitation.

II. Standard of Review

“The judgment of the trial court shall be affirmed ‘unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law.’ ” Melton v. Padgett, 217 S.W.3d 911, 912 (Mo.App.2007) (quoting Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976)). The reviewing court defers to the circuit court’s determination of credibility and views the evidence and permissible inferences in the light most favorable to the decree. Wright ex rel. McBath v. Wright, 129 S.W.3d 882, 884 (Mo.App.2004).

III. Analysis

A. 1

Aldridge claims the circuit court erred by awarding him supervised visitation. He contends, pursuant to section 452.400.1, RSMo Supp.2006, any order of supervised visitation must also contain an explicit finding that unsupervised visitation would endanger the physical health or impair the emotional development of the child. Section 452.400.1(1) provides in pertinent part:

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. The court shall enter an order specifically detailing the visitation rights of the parent without physical custody rights to the child and any other children for whom such parent has custodial or visitation rights. In determining the granting of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may find that granting visitation to the abusive party is in the best interests of the child.

Our Supreme Court, however, referring specifically to section 452.400, has determined that, if the circuit court does not make explicit findings, the appellate court *461 presumes that the circuit court made implicit findings in accordance with the result reached. Mund v. Mund, 7 S.W.3d 401, 403 (Mo. banc 1999).

The circuit court made explicit findings while explaining its award of sole legal and sole physical custody to K.L.A. and said it was doing so:

[D]ue to the history of physical abuse ... and domestic violence including physical harm, and fear of physical harm, bodily injury or assault to petitioner and the minor child. The court finds that domestic abuse has occurred by respondent as defined by sections 452.400 RSMo and 455.200 RSMo, and respondent’s parenting time with the minor child should be supervised.

It is obvious to this court that the circuit court implicitly found that unsupervised visitation would endanger the child’s physical health or impair the child’s emotional development. The record is replete with testimony of abuse K.L.A. suffered at the hand of Aldridge. The abuse started prior to K.L.A.’s pregnancy and continued throughout the pregnancy. After M.L.A. was born and in her presence, abuse such as grabbing, pushing and throwing things continued. An Order of Protection was entered on March 26, 2004, and was renewed on March 18, 2005.

We give deference to the circuit court’s determination of what serves the best interest of the child with regard to visitation rights. Shemwell v. Arni, 223 S.W.3d 216, 218 (Mo.App.2007). The circuit court’s implicit and explicit findings are amply supported by the record. The circuit court did not err in awarding Al-dridge supervised visitation.

B.

Aldridge next claims the circuit court erred when it failed to consider K.L.A.’s relocation as a factor in determining custody and visitation as required by section 452.377.5, RSMo 2000. How Al-dridge has determined the circuit court did not consider mother’s relocation in determining its custody and visitation award is a matter of curiosity. The circuit court did not enumerate all of its considerations in its judgment. The circuit court’s only specific finding was of domestic violence, and the circuit court apparently ordered custody and visitation rights in a manner that best protects the child and the parent who is the victim of domestic violence from any further harm as required by section 452.375.2(6), RSMo Supp.2006. It appears to this court that the circuit court set forth its paramount factor as required by section 452.375.6.

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Bluebook (online)
241 S.W.3d 458, 2007 Mo. App. LEXIS 1746, 2007 WL 4481730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kla-v-aldridge-moctapp-2007.