Goldey v. Goldey

Summary

The court reverses a custody-modification judgment awarding custody to the father. It holds that the father's unverified amendment seeking custody did not satisfy Missouri's statutory verification requirement for a petition to modify custody, leaving the trial court without authority to adjudicate that request.

Holdings

1. A request to modify a child-custody decree must be made in a verified petition or motion alleging changed circumstances; an unverified amendment requesting custody was insufficient, so the trial court had no authority to adjudicate the father's custody request.
2. The unverified amendment could not be treated as amended to conform to the proof under Rule 55.33(b) because doing so would not cure the statutory verification requirement.

Questions Presented

1. Whether the trial court had authority to adjudicate the father's request for custody when the request was made only through an unverified amendment to his answer.
2. Whether the unverified amendment could be treated as amended to conform to the proof under Rule 55.33(b).

Disposition

reversed