Missouri Court of Appeals, Eastern District / Dec 4, 2018
Kyle Conoyer, Petitioner/Appellant, vs. Rachel Kuhl, Respondent/Respondent.
Kyle Conoyer sought third-party custody of E.K., the child of Rachel Kuhl, with whom he had a long-term familial relationship. The motion court granted Kuhl's motion to dismiss Conoyer's amended petition. The appellate court reversed and remanded, holding that Conoyer's petition adequately stated a claim for third-party custody under Section 452.375.5. The court further found that the motion court erred by potentially considering matters outside the pleadings without converting the motion to dismiss into a motion for summary judgment and following the mandatory procedures of Rule 74.04.