Initial child custody jurisdiction
A Missouri court can only decide child custody if Missouri is where the child has been living (called the 'home state'), or was the home state within the last six months and a parent still lives there. If no other state qualifies, or other states have stepped aside, Missouri can also take the case. Just because a parent or child is physically present in Missouri is not enough on its own for Missouri to decide custody.
452.740. Initial child . — 1. Except as otherwise provided in section 452.755, a court of this state has jurisdiction to make an only if:
(1) This state is the of the child on the date of the , or was the home state of the child within six months prior to the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) A court of another state does not have jurisdiction under (1) of this , or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more under section 452.770 or 452.775, and:
(a) The child and the child's parents, or the child and at least one parent or person acting as a parent have a with this state other than mere physical presence; and
(b) is available in this state concerning the child's care, protection, training and personal relationships;
(3) All courts having jurisdiction under (1) and (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 452.770 or 452.775; or
(4) No state would have jurisdiction under subdivision (1), (2) or (3) of this subsection.
2. Subsection 1 of this section is the for making a by a court of this state.
3. Physical presence of, or over, a or a child is not necessary or sufficient to make a child custody determination.
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Source & history notes
(L. 2009 H.B. 481)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.