S.I.E. v. J.M.

199 S.W.3d 808, 2006 Mo. App. LEXIS 974
CourtMissouri Court of Appeals
DecidedJune 28, 2006
DocketNos. 26620, 26636, 26777
StatusPublished
Cited by10 cases

This text of 199 S.W.3d 808 (S.I.E. v. J.M.) 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
S.I.E. v. J.M., 199 S.W.3d 808, 2006 Mo. App. LEXIS 974 (Mo. Ct. App. 2006).

Opinion

PER CURIAM.

This is an appeal arising from a judgment of the trial court which both modified certain child custody provisions of a previously entered judgment of paternity regarding a minor child, R.E., and established the paternity and child custody of a minor child, S.E. J.E. (“Father”) and J.M. (“Mother”) are the parents of the two female minors, however, they were never married.1 They bring their separate appeals.

Viewing the evidence in the light most favorable to the trial court’s judgment, Smith v. Smith, 75 S.W.3d 815, 819 (Mo.App.2002), the record reveals that thirty-six days after R.E. was born, Mother moved with R.E. to South Carolina to get away from Father and, as Mother described it, the “unbearable” stress he was placing on her. Mother testified to R.E.’s various long term medical problems, including “tuberous sclerosis” and a seizure disorder. She stated that R.E. now attends New Covenant Academy, a private Christian school, and that Mother’s friend, John Bradford (“Bradford”), pays for her tuition to attend the school.

As for visitation between R.E. and Father, Mother admitted that she had denied Father visitation with R.E. on several occasions; that the parties “had a lot of problems with visitation;” and that visitations were often “volatile.” Mother related she always invited Father to attend R.E.’s extracurricular events, such as dance recitals and other performances, and that Father sometimes attended.

Regarding S.E., Mother testified that S.E. has always resided with her. Mother stated that although she invited Father to be present at S.E.’s birth, he was not there. Mother testified it was not until S.E. was almost two years old that Father would visit with her for any length of time. Prior to that, Father would only see S.E. when the parties met to exchange custody of R.E.

Mother related that prior to April 11, 2003, she did not allow Father to take S.E. on overnight visits because S.E. “didn’t know [Father] that well, and she was very young ...;” accordingly, Mother denied Father permission to visit S.E. prior to that time.

Mother also testified she believed both S.E. and R.E. love Father, and that when the children return from visiting with him they seem to have had an enjoyable time. Mother also testified she takes the children to church on a regular basis and feels it is important for them to be involved in church activities. She went on to state that she spends all day at home with S.E. and is trying to prepare her to start kindergarten. Mother related she has been cooperating with Father so that he can have more visitation with both children, and that she has offered him additional [813]*813visitation, although he has rarely exercised it.

Mother was not employed at the time of trial in this matter; had not been employed on a regular basis since June of 1995. Mother admitted that she is capable of working. Although R.E. is now in school, Mother feels that it is important for her to stay at home with S.E. Mother also related that her only income is the child support she receives from Father for R.E., and that Father has not been ordered to pay child support for S.E. Mother stated her “friend,” Bradford, pays the majority of her monthly bills; provides Christmas gifts for the children; paid for a two week vacation to South Carolina for her and the children; and pays for her car insurance and vehicle maintenance. However, she related she was merely borrowing money from him and intended to pay it back eventually. Additionally, she set out that her parents had helped her financially in the past; that another friend, Ronald Adelberg, paid for her and the children to recently vacation at Disney World in Orlando, Florida; that her friend, Bill Wilson, had given her large sums of money on occasion while they were dating; that her cousin had paid for her court ordered guardian ad litem fees; and that she had at one time filed bankruptcy. She also stated that during both the trip to Florida and the trip to South Carolina mentioned above, Mother allowed the men paying for the trip to spend the night with her and the children. Mother related she had received housing assistance from the Department of Housing and Urban Development; that she receives “[sjtate assistance;” and that she has the children enrolled in Medicaid.

Mother admitted visiting Father’s work supervisors on two different occasions and reporting certain incidents regarding her personal relationship with Father, so that “if something happened, [she] would feel somewhat protected.” Mother denied that she tried to have Father fired from his law enforcement position and maintained that she felt it was “important” Father’s superi- or officers knew that she “was afraid of [Father].... ” Mother admitted to interfering with Father’s visitation on several occasions, and that, as a result, Father had to call law enforcement authorities in order to exercise his visitation.

Mother initially testified she had never placed a child abuse and neglect hotline call against Father, although she later admitted that she had done so.

Mother also stated she and Father only lived together for a period of about three weeks during their entire relationship. She also related that she had called the police to come to her home on East Verona Street on at least three occasions and to her home on West Camelot Street “several” times due to violent interactions with Father. Mother also related she filed numerous police reports in several counties about Father’s behavior, although her intent was never to have him prosecuted. Mother was only able to produce two of the aforementioned police reports at trial. Also, Mother filed two ex parte orders of protection against Father, one of which was entered with Father’s consent.

The record also shows that on May 10, 2001, Mother called the police regarding a phone call she received which she suspected was from Father. Mother informed the investigating officer that Father “was mentally unstable;” “thought he could talk to and control demons;” “wanted to be a woman;” and had self-diagnosed “himself as bipolar....” Mother testified repeatedly that she was “afraid” of Father; that she was “always intimidated by him;” and that Father was “troubled.”

Father testified that he graduated from Columbia College in 1996, and that he is [814]*814currently employed with the Stone County Sheriffs Department as a deputy sheriff. Father related he supplied medical insurance for the children through his work.

Father testified that he filed a paternity action as to R.E. when she was less than a month old in an effort to prevent Mother from moving to South Carolina with the child. In his paternity action, Father requested that Mother retain custody of R.E., but that he be awarded ample visitation. A temporary parenting plan entered in conjunction with the paternity action required Mother to bring R.E. to Missouri for visitation, and Father was ordered to reimburse Mother for half of her travel expenses. Father also related that when Mother moved to South Carolina in April of 1996, Father was allowed no visitation with R.E. from April 1, 1996, through August 29, 1996. Father also stated Mother brought R.E. to visit on one occasion, but that he was supposed to enjoy visitation with R.E. for one week and Mother did not allow that to occur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Victoria L. Frawley v. Matthew J. Frawley
Missouri Court of Appeals, 2020
Jamie Morgan v. Justin Morgan
497 S.W.3d 359 (Missouri Court of Appeals, 2016)
J.T.P. v. P.F.
Missouri Court of Appeals, 2014
Discover Bank v. Smith
326 S.W.3d 120 (Missouri Court of Appeals, 2010)
Southard v. Southard
239 S.W.3d 172 (Missouri Court of Appeals, 2007)
Sie v. Jm
199 S.W.3d 808 (Missouri Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
199 S.W.3d 808, 2006 Mo. App. LEXIS 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sie-v-jm-moctapp-2006.