Simultaneous proceedings
If someone starts a child custody case in Missouri, but another state already has an open custody case for the same child, Missouri's court will usually stop and let the other state handle it. Missouri's court checks the paperwork first, then contacts the other state's court. If the other state is the right place to decide custody, Missouri drops the case. If someone is trying to change a custody order and another state is already working on enforcing that order, Missouri's court can pause, block the other case, or keep going depending on what makes sense.
452.765. Simultaneous s. — 1. Except as otherwise provided in section 452.755, a court of this state shall not exercise its under sections 452.740 to 452.785 if, at the time of the , a proceeding concerning the of the child had been previously commenced in a court of another state having jurisdiction substantially in conformity with sections 452.700 to 452.930, unless the proceeding has been terminated or is by the court of the other state because a court of this state is a more under section 452.770.
2. Except as otherwise provided in section 452.755, a court of this state, prior to a , shall examine the court documents and other supplied by the parties under section 452.780. If the court that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with sections 452.700 to 452.930, the court of this state shall its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with sections 452.700 to 452.930 does not determine that the court of this state is a more , the court of this state shall dismiss the proceeding.
3. In a proceeding to a , a court of this state shall determine if a proceeding to the has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) for pending the entry of an of a court of the other state enforcing, staying, denying or dismissing the proceeding for ;
(2) the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
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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.