Simultaneous proceedings
When two different places (like two states or a state and another country) both have court cases open about child support at the same time, this law decides which one gets to move forward. Missouri can take the case if someone filed there second but quickly challenged the other place's right to handle it, and Missouri is where the child lives. Missouri has to step back and let the other place handle it if the same thing happened in reverse — the other place filed second, someone challenged Missouri's right to handle it in time, and the child's home is in that other place.
454.1524. Simultaneous proceedings. — (a) A of this state may exercise to establish a if the or is filed after a is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for a challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home state of the child.
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Source & history notes
(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.