Section 24.28 Child Custody

• Library: Family Law Deskbook and 2014 Supp

A. (§24.28) Child Custody

A noncustodial parent residing in Missouri faces substantial difficulties and hurdles in enforcing rights to temporary custody and visitation when the parent with primary custody has moved with the child to another state. Missouri courts may or may not have continuing jurisdiction, depending on the particular facts and circumstances. A custodial parent’s refusal to accord a noncustodial parent rights to temporary custody and visitation may provide a basis for a motion to modify. But under § 452.410, RSMo 2000, Missouri must continue to have jurisdiction under the provisions of the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), §§ 452.700–452.930, RSMo Supp. 2011, and 28 U.S.C. § 1738A of the PKPA (Parental Kidnapping Prevention Act of 1980), Pub. L. No. 96-611, 94 Stat. 3568.

Once the primary custodian has moved out of state with the minor child, the noncustodial parent must move quickly to initiate proceedings in Missouri. Otherwise, the other state
may become the “[h]ome state” as defined in § 452.705(8), RSMo Supp. 2011, and the other state may become the primary, if not the exclusive, state that now possesses jurisdiction to entertain motions to modify. See Hempe v. Cape, 702 S.W.2d 152 (Mo. App. S.D. 1985). For a more complete analysis of this issue, see Glanzner v....