Gillespie v. Gillespie

DOWD, Presiding Judge.

This is an appeal from a decree of divorce granting custody of a four year old girl to her father. The child’s mother, the appellant in this case, raises two points of alleged error both of which arise from the trial court’s award of custody to the father.

The appellant initially claims that the trial court misapplied Missouri law in that: 1) the trial court did not give sufficient weight to evidence adduced under § 452.-375(4) and (5), RSMo 1977, 2) the trial court did not indulge the “tender years” presumption, and 3) the trial court did not apply the Missouri rule that…