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Domestic Relations: Joint Custody-Weight of the Evidence

Father appealed the trial court’s judgment ordering shared physical and legal custody of the parties’ children and directing father to pay child support. Father argued that the judgment was against the weight of the evidence and that the trial court misapplied the law by not awarding substantially equal parenting time. Father further argued that the erroneous custody determination also meant that the child support calculation was in error.

Where the parenting time granted to father was significant, the trial court was not obligated to award equal time to satisfy the statutory definition of joint physical custody, and thus there was also no error with the child support calculation.

Judgment is affirmed.

O.H.B. v. L.Y.S. (MLW No. 79610/Case No. ED110427 – 8 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appealed from circuit court, Cape Girardeau County, Koester, J. (Zachary Rozier, for appellant) (Laura Clubb, for respondent)