Speer v. Colon

Summary

The Missouri Supreme Court reversed and remanded a child-custody modification judgment because the trial court failed to make the written findings required by Missouri Revised Statutes section 452.375.6. The court also directed the trial court to state the custody arrangement using the statutory categories, noting that Missouri law does not authorize an order granting "primary physical custody."

Holdings

1. When the parties have not agreed to the custodial arrangement, the trial court must include written findings based on the public-policy provision and relevant best-interest factors in section 452.375, detailing the specific relevant factors that make the chosen arrangement in the child's best interest. The trial court's judgment failed to comply with that requirement.
2. Missouri's statutory custody scheme does not permit an order granting 'primary physical custody'; the custody finding must conform to the statutory categories in section 452.375.1.
3. The court did not reach the contempt issue because the parties would have an opportunity to revisit the contempt motion on remand.

Questions Presented

1. Whether the trial court's custody-modification judgment complied with Missouri Revised Statutes section 452.375.6 by making written findings detailing the specific relevant best-interest factors supporting the custody arrangement.
2. Whether the trial court could enter an order granting 'primary physical custody' under Missouri's statutory custody scheme.
3. Whether the appellate court should address Speer's challenge to the trial court's contempt ruling.

Disposition

reversed_and_remanded