Section 9.35 Standard for Modification

• Library: Family Law (2019 Supp)

B. (§9.35) Standard for Modification

In Clayton v. Sarratt, 387 S.W.3d 439 (Mo. App. W.D. 2013), the court reiterated the standard of modifying the custodial arrangement, as well as a term related to the custodial arrangement, such as the parenting time schedule. “When a party seeks to modify the custodial arrangement, ‘the change in circumstances necessary to modify a prior custody decree must be a “substantial” one.’” Id. at 446 (quoting Russell v. Russell, 210 S.W.3d 191, 196 (Mo. banc 2007)). But “to modify the residential designation and the parenting time schedule, . . . the moving party must demonstrate a change in circumstances; the change, however, need not be substantial.” Clayton, 387 S.W.3d at 446.

In Clayton, the trial court’s judgment was affirmed because the weight of the evidence supported the conclusion that significant, continuing, and meaningful changes in circumstances had occurred regarding the minor child and his custodians. The court found that the following changes in circumstances justified modification:

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