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IN RE SMYTHE

No. 28315.

254 S.W.3d 895 (2008)

In re the Matter of Samantha Lucille SMYTHE, a minor child. Brian Michael Smythe, Respondent, v. Danielle Kathleen Funk, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

June 9, 2008.

Attorney(s) appearing for the Case

Daniel P. Card II, Benicia Baker-Livorsi, St. Charles, for Appellant.

Christina L. Kime, Piedmont, for Respondent.

NANCY STEFFEN RAHMEYER, Judge.

Appellant Danielle Kathleen Funk ("Mother") appeals the trial court's Amended Judgment Decree Modifying Judgment Decree of Child Custody ("the second Amended Judgment") which modified custody of Samantha Lucille Smythe ("the Child"). We reverse and remand the judgment with directions to the trial court.

On January 24, 2002, an Order and Judgment of paternity declared Brian Michael Smythe ("Father") to be the biological father...

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