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628 S.W.2d 358

M. B. v. J. W. B.

Missouri Court of Appeals

Decided December 29, 1981

Missouri Court of Appeals · decided 1981-12-29

Cited by 6 later decisions — most recently July 1997

6 state decisions

Relies on In re Marriage of Carmack · In re the Marriage of C_S_B

Good law ✅— No negative treatment on recordhow we know

Decided 1981-12-29

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CRIST, Judge.

¶1Dissolution proceeding. Husband appeals from the award of custody of their four year old daughter to wife by reason of sexual indiscretion of the wife after the separation but before the decree. We affirm.

¶2After the separation, wife admitted having a sexual relationship with another man. The evidence showed no such indiscretion in the presence of their daughter. Further, there was no evidence that wife’s relationship had any adverse effect on the child. In short, husband says he is entitled to custody of their daughter on the sole ground of his wife having an affair after the separation but before the decree. But not so. In re Marriage of Carmack, 550 S.W.2d 815, 817-819 (Mo.App.1977) and Marriage of C S B, 546 S.W.2d 186, 188 (Mo.App.1976).

¶3The judgment of the trial court is supported by substantial evidence and is not against the weight of the evidence. Rule 73.01. No error of law appears. An extended opinion would have no precedential value.

¶4Judgment affirmed in accordance with Rule 84.16(b).

REINHARD, P. J., and SNYDER, J., concur.
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