Domestic Relations-Child custody-Evaluation of statutory factors

Mother appealed the trial court’s denial of her motion for joint legal and sole physical custody of the parties’ child. Father’s residence was designated as the child’s primary residence. Mother relocated 64 miles away from the primary residence and moved to modify custody, alleging substantial changes and requesting sole physical custody. Mother claimed the child had been “inappropriately touched” at school by classmates on two occasions. The trial court denied the motion, noting mother’s unauthorized relocation. The trial court did not directly address the touching incidents under the statutory factors, but found that mother had failed to prove that child’s current school was inappropriate.  

Where the trial court adequately considered the touching incidents, the fact that the consideration occurred outside the statutory factors did not undermine the trial court’s analysis. 

Judgment is affirmed. 

In the Marriage of J.J. v. D.J. (MLW No. 82954/Case No. SD38576 – 7 pages) (Missouri Court of Appeals, Southern District, Hamner, J.) Appealed from circuit court, Carter County, Lnyxwiler, J. (Andrew Richard Tarry, Cape Girardeau for appellant) (Daniel T.  Moore, Poplar Bluff and Derrick Shane Kirby, Doniphan for respondent)