In re the Marriage of Harris

I respectfully dissent. We are bound by the admonition that in court-tried cases, a judgment is to be upheld unless it is against the weight of the evidence, is unsupported by substantial evidence, or erroneously states or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). In addition, we must give due regard to the opportunity of the trial court to judge the credibility of the witnesses. Rule 73.01(c)(2). In matters of child custody, deference to the trial court by the appellate court is particularly significant because the welfare of a child is at issue and the trial…