Kimberly Dawn Ward Contreras v. Phillip

This is a child custody case. The custodial parent filed a petition to remove her child from the jurisdiction. The request for removal resulted when the custodial parents second husband, the father of her two additional children, was transferred out of the jurisdiction by his employer. Following proceedings in the Chancery Court of Madison County, the chancellor held that in the event plaintiff (hereinafter "Mother"), the custodial parent, changed her place of residence from Henderson County to St. Louis, Missouri in order to reside with Mr. Contreras, her present husband and father of two of her children, this move would constitute a change in circumstances which would justify a change of custody to defendant (hereinafter "Father"). The sole issue presented for our consideration is whether the chancellor erred in holding that if Mother relocated to St. Louis, Missouri in order to be with her husband, the move would constitute a material change of circumstance justifying a change of custody of the parties minor child from Mother to Father. We are of the opinion that based upon the case law of this state, the chancellor erred.