Paula Pender (Now Rubio) v. Sharlie Pender

The father appeals from a judgment in favor of the mother on her motion to modify the right of visitation of the minor son under the decree of dissolution. The father appeals also from the denial of the cross-motion for the transfer of the child into his custody. The son Carrol Hugh was born to them in year 1969 and the marriage was dissolved five years later. The original decree granted custody of the child to the mother and alternative weekend privileges to the father and two additional weeks during the summer. That visitation decree was later modified by stipulation and on the advice of a psychologist to allow the father an extension of visitations - six weeks during the summer and on certain holidays in addition to the alternative weekends. Then in July of 1978, on the motion of the mother the decree was amended to allow her to remove the child to Colorado with her new husband. To compensate the father for the weekends lost by that modification, the court granted the father visitation during the entire summer, but for a few days. Pender v. Pender, 598 S.W.2d 554 (Mo. App. 1980).