HB 470 -- Uniform Child Custody Jurisdiction and Enforcement Act

Sponsor:  Flook

This bill establishes the Uniform Child Custody Jurisdiction and
Enforcement Act.

INITIAL CUSTODY DETERMINATION

To determine which state has proper jurisdiction to make an
initial determination of child custody, the bill establishes the
following order of priority:

(1)  The state which is currently the home state of the child or
was the child's home state within six months immediately before
the commencement of a child custody proceeding if the child is
absent from the state, but a parent or person acting as a parent
continues to live in the state; or

(2)  The state in which the child and at least one parent have a
significant connection and substantial evidence concerning the
custody determination is available in the state; or

(3)  The state having an appropriate connection with the child.

A state having jurisdiction under the first two priorities may
decline to exercise its jurisdiction and transfer it to another
state if it is more convenient for the parties or if one of the
parties has engaged in misconduct necessitating a change.

"Home state" is defined as the state in which a child lived with
a parent or person acting as a parent for at least six
consecutive months immediately before the commencement of a child
custody proceeding.  In the case of a child younger than six
months of age, the term means the state in which the child lived
from birth with a parent or person acting as a parent.  A period
of temporary absence of any of these persons is considered as
part of the period.

CONTINUING JURISDICTION

Once a state court has made a custody determination, that state
keeps jurisdiction over all matters concerning the child unless:

(1)  A court of the state with jurisdiction determines that the
child or the child and a parent do not have a significant
connection with the state and evidence concerning the child's
custody determination is not available in the state; or

(2)  A court of the state with jurisdiction, or any other state,
determines that the child and both parents or acting parents do
not reside in the state any longer.

MODIFICATION OF CUSTODY DETERMINATION

Once a custody determination has been made, a court of another
state does not have authority to modify the determination unless
the state with jurisdiction determines that it does not have
jurisdiction or any state court determines that the child,
parents, or any acting parents do not reside in the state which
currently has jurisdiction.

EMERGENCY ORDERS

A state which does not otherwise have jurisdiction may enter a
temporary emergency order if the child is in danger and needs
immediate protection.  After issuing the order, the state court
should determine if there is an existing custody order from
another state in effect.  If there is an existing order, the
emergency court must allow a reasonable time period for the
parties to return to the state having jurisdiction and argue the
issues to the court with jurisdiction.

If there is no previous child custody order in existence, the
emergency court's order will remain in effect until a
determination is made in a court having home state jurisdiction
over the child.  If no determination is made and the emergency
court's state becomes the home state of the child, the emergency
order becomes a final determination of custody.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am