Registration of child custody determination
When someone has a child custody order from another state, they can register that order in Missouri. To do this, they send the Missouri court a request, two copies of the custody order (one must be certified), and the names and addresses of everyone involved. Once registered, the order works just like a Missouri custody order. The people named in the order get notified and have 20 days to fight the registration. If nobody contests it in time, the order is confirmed and cannot be challenged later.
452.810. of . — 1. A child custody determination issued by a court of another state may be in this state, with or without a simultaneous request for , by sending to the court in this state:
(1) A letter or other document requesting registration;
(2) Two copies, including one , of the sought to be registered, and a statement under that to the best of the knowledge and belief of the person seeking registration the has not been ; and
(3) Except as otherwise provided in section 452.780, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded or in the child custody determination sought to be registered.
2. On receipt of the documents required in 1 of this section, the shall:
(1) Cause the determination to be filed as a , together with one copy of any accompanying documents and , regardless of their form; and
(2) Serve notice upon the persons named under (3) of subsection 1 of this section and provide them with an opportunity to the registration in accordance with this section.
3. The notice required by subdivision (2) of subsection 2 of this section must state:
(1) That a registered determination is as of the date of the registration in the same manner as a determination issued by a court of this state;
(2) That a to contest the of the registered determination must be requested within twenty days after of notice; and
(3) That failure to contest the registration will result in of the child custody determination and further contest of that determination with respect to any matter that could have been asserted.
4. A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(1) The did not have under sections 452.740 to 452.845;
(2) The child custody determination sought to be registered has been , , or modified by a court of a state having jurisdiction to do so under sections 452.740 to 452.845; or
(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 452.740 in the proceedings before the court that issued the order for which registration is sought.
5. If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a and the person requesting registration and all persons must be notified of the confirmation.
6. Confirmation of a registered order, whether or after notice and hearing, further contest of the order with respect to any matter which could have been asserted at the time of registration.
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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.